People v. Aguilar

578 N.E.2d 109, 218 Ill. App. 3d 1, 160 Ill. Dec. 930, 1991 Ill. App. LEXIS 1249
CourtAppellate Court of Illinois
DecidedJuly 22, 1991
Docket1-89-0800
StatusPublished
Cited by36 cases

This text of 578 N.E.2d 109 (People v. Aguilar) 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. Aguilar, 578 N.E.2d 109, 218 Ill. App. 3d 1, 160 Ill. Dec. 930, 1991 Ill. App. LEXIS 1249 (Ill. Ct. App. 1991).

Opinion

JUSTICE BUCKLEY

delivered the opinion of the court:

Defendant Frank Aguilar appeals from a bench trial finding of guilt and seven-year sentence for delivery of controlled substances (Ill. Rev. Stat. 1987, ch. 56V2, par. 1401). Defendant contends on appeal: (1) the circuit court erred in finding as a matter of law that defendant could not be entrapped by a confidential police informant who also happened to be defendant’s longtime friend; (2) the State failed to rebut defendant’s entrapment defense by proof beyond a reasonable doubt; and (3) he was denied a fair trial when the circuit court granted a seven-week continuance rather than a new trial as a sanction against the State for its failure to disclose favorable evidence which defendant had specifically sought in his pretrial discovery request. Because we believe the State’s discovery violation operated to prejudice defendant’s defense, we reverse and remand for a new trial.

The State called Sergeant Thomas West and Officer Richard Handley of the Chicago police department. They testified that in the spring and summer of 1987, they were working on Operation Bridgeport, a long-range narcotics investigation in the Bridgeport area of Chicago. As part of this investigation, West worked undercover and with informants to make purchases of narcotics.

West’s testimony related that in April, May and June 1987, he worked undercover with Ted Stiltner, a paid informant and lifelong Bridgeport resident, to make three drug purchases from defendant. In total, Stiltner arranged 30 transactions during the course of the investigation resulting in 45 indictments.

Prior to the April transaction, West and Stiltner discussed the possibility of arranging a narcotics transaction with defendant. Although West knew that defendant frequented the Bridgeport area, West knew nothing of defendant prior to this time. West also advised Stiltner concerning safety issues, “street lingo,” the prices West would pay, and on how the drug transaction should be performed.

West testified that on April 25, 1987, Stiltner introduced West to defendant as Stiltner’s co-worker at a garage near 43rd and Union in Chicago. West explained to defendant that he already had a cocaine supplier but asked defendant if he could supply phencyclidine or PCP. Defendant told West that he could supply West with that drug and the two discussed the sale of a sample amount to test the quality of defendant’s source. According to West, he and defendant “haggled” over the price until they agreed on $150 for an “eight-ball” or an eighth of an ounce of PCP.

Defendant told West to wait while he went and obtained the PCP. Defendant returned shortly thereafter with the drugs and West paid the $150. West told defendant that he would get back to him on the drug’s quality. Defendant assured West that he could supply anything West needed, that he would be in the area and that West could use Stiltner to reach him.

On May 15, 1987, defendant met again with West and Stiltner. Using the same procedure, defendant sold West an ounce of PCP for $1,200.

On June 3, 1987, at 8 p.m., at 43rd Street and Union, West and Stiltner again met with defendant and discussed the purchase of IV2 ounces of PCP. Defendant and West agreed on a price of $1,800. Defendant told West that he would return with the drugs at 9:30 p.m.

West arranged surveillance while defendant was away. Defendant returned at the agreed time and pulled his car alongside West’s vehicle. Defendant told West to follow him. Defendant drove through the neighborhood for 10 minutes. While driving, defendant repeatedly changed directions and looked in his rear-view mirror. Eventually, defendant led West to 12th Street Beach, where they parked and exited their cars. West testified that after defendant looked around the area, West exchanged $1,800 for the PCP. West later met with Officer Handley, the surveillance officer, at a prearranged spot. Officer Handley later testified and corroborated West’s testimony regarding the June 3 transaction.

On cross-examination, West testified that Stiltner was paid $110 for the June 3 delivery and $50 for the April 25 delivery. Stiltner and West had no express pay agreement; West’s payments to Stiltner were within West’s discretion and varied according to the type and amount of drugs involved.

West testified he was aware that the seriousness of a narcotics offense was based on the weight of the drugs. He noted that one of Operation Bridgeport’s purposes was to get Class X felonies against individuals. As of May 15, West testified he needed one more case on defendant in order to get a Class X felony. He was aware that it would take beyond 30 grams of PCP to meet the statutory minimum for a Class X amount of PCP.

West admitted that he never attempted to arrange any narcotics transactions with defendant without Stiltner being present. West was never present when defendant and Stiltner had discussions prior to each drag transaction. West denied ever going to defendant’s residence.

Mildred Diaz, defendant’s mother, Mario Aguilar, defendant’s brother, and defendant testified for the defense. Diaz and Mario Aguilar testified that during the spring and summer months of 1987, Stiltner came to the house several times looking for defendant. Mario Aguilar added that on one occasion, Stiltner waited for defendant in his car along with an unidentified passenger.

Defendant testified that he had known Stiltner since childhood. At the times in question, he was working for the Coca-Cola Company. He had never been arrested before for any narcotics-related offenses.

Defendant testified that prior to the April 1987 transaction, Stiltner approached him and requested that defendant supply him with drags. Defendant declined to assist Stiltner but Stiltner persisted, saying he needed money to get a lawyer. Defendant declined again, but eventually, he agreed to help Stiltner.

Defendant testified that Stiltner gave defendant money to purchase drags as well as instructions on how and where to purchase them. For the April transaction, defendant went to a local bar and asked to buy an “eight-ball.” A man named Jose sold him the drags. Afterwards, defendant drove to where Stiltner instructed defendant to meet him. There, defendant gave Stiltner the drags. Defendant noticed that someone was in Stiltner’s car but could not recognize who it was.

After this transaction, Stiltner asked defendant to do more transactions on four or five other occasions. Defendant related that Stiltner even started crying, asking for help for his family’s sake. Defendant eventually agreed to help Stiltner. On May 15, defendant made a purchase of one ounce of PCP for Stiltner. Defendant again purchased it from Jose and delivered it to Stiltner at an agreed upon location. Again, defendant could see an individual in Stiltner’s car but could not identify that person.

Prior to the June 3 transaction, Stiltner again approached defendant on numerous occasions. Defendant declined to assist Stiltner and told him to find someone else. Eventually, after persistent begging, defendant agreed to help Stiltner.

Regarding the June 3 transaction, defendant met Stiltner at a gas station at 43rd and Union.

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Cite This Page — Counsel Stack

Bluebook (online)
578 N.E.2d 109, 218 Ill. App. 3d 1, 160 Ill. Dec. 930, 1991 Ill. App. LEXIS 1249, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-aguilar-illappct-1991.