People v. Aguirre

610 N.E.2d 771, 242 Ill. App. 3d 469, 182 Ill. Dec. 902, 1993 Ill. App. LEXIS 364
CourtAppellate Court of Illinois
DecidedMarch 19, 1993
DocketNo. 3-92-0040
StatusPublished

This text of 610 N.E.2d 771 (People v. Aguirre) 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. Aguirre, 610 N.E.2d 771, 242 Ill. App. 3d 469, 182 Ill. Dec. 902, 1993 Ill. App. LEXIS 364 (Ill. Ct. App. 1993).

Opinion

JUSTICE SLATER

delivered the opinion of the court:

Following a jury trial, defendant Martin Aguirre was convicted of two counts of unlawful delivery of a controlled substance (111. Rev. Stat. 1991, ch. 56x/2, par. 1401) and sentenced to two concurrent terms of 10 and 8 years in prison. On appeal defendant argues that: (1) he was denied a fair trial due to the State’s improper use of peremptory challenges during jury selection; (2) the trial court erred in instructing the jury on the theory of accountability; (3) he was entrapped into committing the charged offenses; and (4) he was not proven guilty beyond a reasonable doubt. We affirm.

Count I of the indictment charged that on March 18, 1991, the defendant and Alfredo Diaz delivered more than 15 but less than 100 grams of a substance containing cocaine. Count II alleged that on March 8, 1991, defendant and Alfredo Diaz delivered more than 1 but less than 15 grams of a substance containing cocaine.

At the close of voir dire, defense counsel made a motion to discharge the jury, claiming that the State had used peremptory challenges to exclude two Hispanic members of the venire on the basis of their race. (See Batson v. Kentucky (1986), 476 U.S. 79, 90 L. Ed. 2d 69, 106 S. Ct. 1712.) Following a hearing, the court denied the motion.

At trial, Special Agent William Fuentes testified that in March of 1991, he was working as an undercover narcotics agent for the Illinois State Police. He became acquainted with defendant and Alfredo Diaz through an informant. Fuentes stated that he first saw defendant on March 4 when he purchased cocaine from Diaz. On March 8, Fuentes called the residence of the defendant and Diaz in order to arrange another cocaine purchase. When defendant answered the phone, Fuentes said that he was a friend of Diaz and asked defendant if he could purchase an “eight ball” (one-eighth of an ounce) of cocaine. Defendant told Fuentes that he could purchase an “eight ball” for $250. Fuentes and defendant agreed to meet at 7 p.m. that evening to complete the transaction at a location designated by defendant.

At approximately 7 p.m., Fuentes arrived at the prearranged location in his undercover vehicle. He saw defendant and Diaz in a blue Honda automobile. Defendant and Diaz then entered Fuentes’ vehicle. Diaz sat in the front passenger seat, and the defendant sat in the backseat. Diaz handed Fuentes a plastic bag containing a white powdery substance. Fuentes then took $250 from his pocket. Defendant took the money and handed it to Diaz. Fuentes then asked what the price would be for one ounce of cocaine, and defendant told him that the price would be $1,300 per ounce, decreasing to $1,200 if Fuentes bought 10 ounces. Fuentes said that he wanted to buy 10 ounces, and defendant said he would need 7 to 10 days to acquire that amount.

At approximately 2 p.m. on March 18, Fuentes called the defendant’s residence and spoke with defendant. Fuentes asked if he could purchase five ounces on the 18th, and another five on another date. Defendant told Fuentes that he only had three ounces to sell. Fuentes and defendant agreed to meet at 7 p.m. that evening to complete the transaction. Defendant suggested they meet in a Wendy’s parking lot.

That evening, Fuentes met the defendant and Diaz in the Wendy’s parking lot. Defendant and Diaz got into Fuentes’ car. Diaz then handed Fuentes a dark plastic bag containing three small bags. Each of the small bags contained a white powdery substance. Fuentes asked about the quality of the cocaine, and defendant replied that it was good. Defendant told Fuentes that the price for the cocaine was $3,900. Fuentes then gave a signal and a surveillance team of police officers approached and arrested defendant and Diaz.

The testimony of members of the surveillance teams established that defendant and Diaz entered Fuentes’ vehicle during the two transactions, but the surveillance officers were unable to see what transpired inside the car. The State presented evidence to establish that the bags given to Fuentes contained cocaine.

Defendant testified on his own behalf. He admitted that he spoke to Fuentes on the phone on March 8 and March 18 and that he was present during the two transactions. Defendant stated that Diaz was the one selling the cocaine and that he (defendant) was merely acting as a translator for Diaz. He testified that the only reason he spoke to Fuentes on the phone was because Diaz did not speak English. His only involvement was as an interpreter. He stated that he had never sold drugs and that he did not receive any compensation for translating for Diaz.

We first address defendant’s contention that the trial court erred in denying his Batson motion. During voir dire, the State exercised two peremptory challenges to dismiss Joseph Alvarez and Fernando Acosta. Defendant contends that the State failed to articulate legitimate race-neutral explanations for the removal of these two Hispanic members of the venire.

Batson established a three-step analysis to determine whether or not the State used its peremptory challenges to remove prospective jurors on the basis of race. (Batson v. Kentucky (1986), 476 U.S. 79, 97, 90 L. Ed. 2d 69, 88, 106 S. Ct. 1712, 1723.) First, the defendant must establish a prima facie showing of discrimination. Second, if the defendant made the requisite showing, the burden shifts to the State to articulate a race-neutral explanation for striking the jurors in question. Finally, the trial court then “will have the duty to determine if the defendant has established purposeful discrimination.” Batson, 476 U.S. at 98, 90 L. Ed. 2d at 88-89,106 S. Ct. at 1724.

At the hearing on defendant’s motion, the court determined that defendant had established a prima facie showing of discrimination and asked the prosecutor to provide reasons for excluding Mr. Alvarez and Mr. Acosta. The State’s Attorney gave the following explanation regarding Mr. Alvarez:

“What the reason [sic] I exercised my peremptory challenge against this guy was because, your Honor, I felt that I had seen him as a witness or friend of a witness in another case approximately — I don’t even know what case it was.
But before I came [sic] the narcotics chief, I was involved in a lot of gang crimes and lot of gang activity. And my feeling was that I recognized this person from another time, but I wasn’t sure when.”

The prosecutor explained her challenge of Mr. Acosta as follows:

“The most important thing that I remember about Mr. Acosta, and why I exercised my peremptory challenge is because of the way he answered questions.
He either said yes or no, he didn’t offer any type of explanation as to anything. He was very tight lipped. It was my impression, your Honor, that he was not happy or excited or interested in the proceedings at all. And I got that from his demeanor in the way he acted in the courtroom. He gave short, crisp, sharp answers.
I thought he was the type — and he acted like he was not happy to be there.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Batson v. Kentucky
476 U.S. 79 (Supreme Court, 1986)
Hernandez v. New York
500 U.S. 352 (Supreme Court, 1991)
People v. McDonald
530 N.E.2d 1351 (Illinois Supreme Court, 1988)
People v. Peters
494 N.E.2d 853 (Appellate Court of Illinois, 1986)
People v. Talley
504 N.E.2d 1318 (Appellate Court of Illinois, 1987)
People v. Gillespie
557 N.E.2d 894 (Illinois Supreme Court, 1990)
People v. MacK
538 N.E.2d 1107 (Illinois Supreme Court, 1989)
People v. Young
538 N.E.2d 453 (Illinois Supreme Court, 1989)
People v. Martin
580 N.E.2d 575 (Appellate Court of Illinois, 1991)
People v. Baisten
560 N.E.2d 1060 (Appellate Court of Illinois, 1990)
People v. Haynes
583 N.E.2d 1177 (Appellate Court of Illinois, 1991)
People v. Clark
596 N.E.2d 642 (Appellate Court of Illinois, 1992)
People v. Faysom
475 N.E.2d 945 (Appellate Court of Illinois, 1985)
People v. Buford
601 N.E.2d 1099 (Appellate Court of Illinois, 1992)
People v. Lovelady
582 N.E.2d 1217 (Appellate Court of Illinois, 1991)
People v. Fleming
277 N.E.2d 872 (Illinois Supreme Court, 1971)
People v. Collins
478 N.E.2d 267 (Illinois Supreme Court, 1985)

Cite This Page — Counsel Stack

Bluebook (online)
610 N.E.2d 771, 242 Ill. App. 3d 469, 182 Ill. Dec. 902, 1993 Ill. App. LEXIS 364, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-aguirre-illappct-1993.