People v. Abdelmassih

577 N.E.2d 861, 217 Ill. App. 3d 544, 160 Ill. Dec. 536, 1991 Ill. App. LEXIS 1437
CourtAppellate Court of Illinois
DecidedAugust 23, 1991
Docket3-90-0344
StatusPublished
Cited by13 cases

This text of 577 N.E.2d 861 (People v. Abdelmassih) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Abdelmassih, 577 N.E.2d 861, 217 Ill. App. 3d 544, 160 Ill. Dec. 536, 1991 Ill. App. LEXIS 1437 (Ill. Ct. App. 1991).

Opinion

JUSTICE McCUSKEY

delivered the opinion of the court:

A jury convicted the defendant, Ghassan Abdelmassih, of unlawful possession of a controlled substance with the intent to deliver (Ill. Rev. Stat. 1989, ch. 56V2, par. 1401(a)(2)). The trial court subsequently sentenced him to six years’ imprisonment. The defendant appeals. We affirm.

At trial, police officer Dennis Carey testified that on April 29, 1989, he participated in the execution of a search warrant at 613 Cochise Drive in Bolingbrook. Carey stated that he and several other officers entered the residence and found the defendant sleeping in a basement bedroom. While searching the room, Carey found substances he believed to be cocaine and marijuana in a desk drawer. Carey also found a triple-beam scale, a Right Guard container with a false bottom, and two paper snow seals. The defendant was subsequently placed under arrest.

Thereafter, in the living room of the defendant’s residence, he was taken through the booking process, which included filling out a personal information form and a Miranda warning form. The personal information form requested the defendant’s name, address, telephone number, previous address, race, height, weight, date of birth, place of birth, citizenship, social security number, driver’s license number, employer, employer’s address, occupation, previous employer’s address, hair color, eye color, build, complexion, and other identifying information. Officer Carey testified that in response to the question on place of employment, the defendant stated he was unemployed and had last worked in December of 1987.

Richard Paulas testified that in July of 1989 he was working as a forensic scientist for the State crime lab. He tested People’s exhibit 1 and found one packet contained 17.7 grams of a substance containing cocaine and the other packet contained 5.6 grams of a substance containing cocaine. Paulas determined the 17.7 gram sample was 92% pure cocaine. He also tested People’s exhibit 2, consisting of two snow seals, and found they contained .5 and .2 grams of cocaine respectively.

Officer Paul Kaupas was qualified by the court as an expert witness. He testified that while searching the house at 613 Cochise Drive he found $413 in a wallet in the room where the defendant was sleeping. He also noted that 92% pure cocaine is typically not found in the possession of users. The most commonly delivered cocaine is 10% to 20% pure. Kaupas stated that 17.7 grams of 92% pure cocaine coúld be cut to produce more than 70 grams of street-quality cocaine with a value of up to $7,000. He further testified that a cocaine user needs only one line, or approximately .25 grams, to become under the influence of cocaine.

While admitting that the triple-beam scale, Right Guard can, and snow seals could be used for other purposes, Officer Kaupas testified they could all be characterized as drug paraphernalia. He concluded that in his opinion a person found with 17.7 grams of 92% pure cocaine, 5.6 grams of cocaine of an unknown purity, a dummy Right Guard canister, and two snow seals containing cocaine would be a drug dealer or distributor.

The only defense witness called was the defendant’s nephew, John Ibrahim. He testified he lived with his parents at 613 Cochise Drive and the defendant occasionally stayed at their home. Ibrahim stated he had a large party at the home on April 22, 1989, when his parents were out of town. Approximately 60 people attended the party and many were in the room in which the defendant was found sleeping. Ibrahim did not see any people using cocaine at the party and made a point of checking to make sure that no drugs were going into the house. He noted he had never seen the defendant use or possess drugs.

During closing argument, the prosecutor told the jurors that in order to find the defendant innocent they would either (1) have to dismiss Officer Kaupas’ testimony or (2) find that Officer Kaupas’ testimony did not convince them beyond a reasonable doubt that the paraphernalia found in defendant’s possession indicated an intent to deliver drugs. The prosecutor also told the jurors that if they believed Officer Kaupas and were persuaded by him, they should sign only the verdict form indicating that the defendant had been in possession of drugs with the intent to deliver.

On appeal, the defendant first argues that the trial court abused its discretion by qualifying Officer Kaupas as a narcotics expert capable of rendering an expert opinion regarding the defendant’s intent. We disagree.

We begin by noting that Officer Kaupas did not testify as to the defendant’s intent. He merely testified that the presence of certain types of drugs and drug paraphernalia would indicate the drugs were for sale rather than for personal use. As such, Officer Kaupas’ testimony did not extend beyond the subject matter in which the court qualified him as an expert.

As for whether the trial court acted properly in qualifying him as an expert on the subject of narcotics, we note that before ruling on the admissibility of expert testimony, the court must make two preliminary determinations. First, the court must determine whether the purported expert testimony is useful or relevant; and second, whether the witness is properly qualified to give the testimony sought. (People v. Hanserd (1985), 136 Ill. App. 3d 928, 483 N.E.2d 1321.) Determination of the sufficiency of an expert’s qualifications rests largely within the sound discretion of the trial court. People v. Einstein (1982), 106 Ill. App. 3d 526, 435 N.E.2d 1257.

In the case at bar, Officer Kaupas testified he had been a police officer for 17 years. He attended and lectured at seminars on illegal substances and had five or six credit hours of courses relating to the effect of drugs on people. Additionally, he had been a shift commander for the violent crimes drug-suppression unit and had participated in approximately 600 narcotics arrests, of which 40% to 50% involved cocaine.

We find the trial court did not abuse its discretion in finding Officer Kaupas to be qualified as an expert witness on the subject of narcotics. His testimony was both useful and relevant. While a jury would be reasonably expected to know what cocaine is, it is doubtful it would have any expertise on cocaine distribution. Officer Kaupas was qualified to testify concerning the presence of various types of drugs and drug paraphernalia and what the combination of those items would tend to indicate regarding the distribution of cocaine. An expert witness is qualified to draw reasonable inferences from facts which the laymen jurors would not otherwise be competent to draw. People v. Seaman (1990), 203 Ill. App. 3d 871, 561 N.E.2d 188.

The defendant next contends that Officer Kaupas erroneously and prejudicially invaded the province of the jury by testifying that in his expert opinion the defendant intended to sell or distribute cocaine. We disagree.

We again note that Officer Kaupas did not testify as to the defendant’s intent.

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Cite This Page — Counsel Stack

Bluebook (online)
577 N.E.2d 861, 217 Ill. App. 3d 544, 160 Ill. Dec. 536, 1991 Ill. App. LEXIS 1437, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-abdelmassih-illappct-1991.