People v. Amaya

627 N.E.2d 753, 255 Ill. App. 3d 967, 194 Ill. Dec. 416, 1994 Ill. App. LEXIS 65
CourtAppellate Court of Illinois
DecidedJanuary 24, 1994
Docket3-93-0118
StatusPublished
Cited by13 cases

This text of 627 N.E.2d 753 (People v. Amaya) 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. Amaya, 627 N.E.2d 753, 255 Ill. App. 3d 967, 194 Ill. Dec. 416, 1994 Ill. App. LEXIS 65 (Ill. Ct. App. 1994).

Opinion

PRESIDING JUSTICE SLATER

delivered the opinion of the court:

This appeal arises out of defendant’s conviction for controlled substance trafficking. We reverse and remand.

On January 29, 1992, defendant, Alfonso Amaya, and Charlie Gutierrez were travelling eastbound in an 18-wheel semi-tractor trailer on Interstate 80 in La Salle County when they were pulled over for speeding by Illinois State Police Sergeant Dan Gillette. Gillette approached the driver’s side of the cab and noticed that Gutierrez, the driver, and the defendant were not wearing their seat belts. GiUette asked for their drivers’ licenses and asked defendant if he was a co-driver of the truck. According to Gillette, defendant responded, “No, I’m just along for the ride.” Gillette then asked Gutierrez to produce his vehicle registration, log book and bill of lading. Gillette asked Gutierrez to bring the documents and to come with him to the squad car, leaving defendant in the truck cab.

The documents produced by Gutierrez indicated that he was the owner of the truck and that he leased it to Glory Transport Company of Albuquerque, New Mexico. The bill of lading was signed by Gutierrez and showed that a cargo of potatoes had originated in Monte Vista, Colorado, and was destined for Westbury, New York.

Gutierrez appeared nervous to Gillette. He issued Gutierrez written warnings for speeding, following too closely and failing to wear a seat belt. Gillette then asked Gutierrez for consent to search the truck, and Gutierrez signed a written consent to a search.

As Gillette was exiting the squad car, he noticed that Illinois State Police Master Sergeant David Spahn had arrived to serve as back-up. Gillette advised Spahn that he had received consent to search the truck and trailer and asked Spahn to “keep an eye” on defendant. Gutierrez remained in the squad car.

Gillette then approached the cab of the truck on the driver’s side, opened the driver’s door and entered the cab. He advised defendant that Gutierrez had consented to search the truck and asked, “do you have any drugs in the truck?” According to Gillette, defendant smiled and said, “Yes — no, I mean no.” Gillette then told defendant to step from the cab and to go with the trooper waiting for him outside of the truck. Defendant stepped from the cab and jumped to the ground next to Spahn.

Spahn noticed that defendant’s belt buckle was undone and that his right hand was stuck into his right pants pocket. Spahn asked defendant what he was grabbing and asked whether he had any knives, guns or weapons. Defendant turned his back to Spahn and put his right hand back into his right pocket. Spahn pushed defendant’s hand away from the pocket and conducted a pat-down search. Spahn felt a “hard lump *** the size of a golf ball” in defendant’s pants. Spahn removed a baggy from defendant’s pocket and found that it contained a white powdery substance that Spahn believed was cocaine, and was later found to contain 3.7 grams of cocaine. Spahn placed defendant under arrest.

Gillette radioed for the “drug interdiction team,” including Thor, a drug-sniffing dog, to come to the scene. When the “team” arrived, they conducted a “walk-around” of the truck, and Thor alerted on the trailer. Gillette asked Gutierrez to unlock the padlocks on the trailer. The troopers observed 42,000 pounds of packaged potatoes stacked in bags on wooden pallets four feet high extending to the rear of the trailer. The troopers and Thor climbed into the trailer and, behind a five-foot-high piece of cardboard, found three large plastic tool boxes. Thor alerted to the tool boxes.

The troopers forced open the toolboxes and found 193 bundles containing 945 pounds of cocaine. Each bundle was wrapped in a one- or two-kilogram plastic package, one-half to one-third of which bore the marking “Reina I.” No fingerprints were found on any of the bundles or the tool boxes. Tests on the cocaine revealed that it had a purity level of 87%.

Defendant was indicted for controlled substance trafficking (Ill. Rev. Stat. 1991, ch. 561/2, par. 1401.1(a)) and unlawful possession of less than 15 grams of a controlled substance (Ill. Rev. Stat. 1991, ch. 561/2, par. 1402(c)). Following a jury trial, he was convicted of the charged offenses and sentenced to 50 years’ imprisonment for the controlled substance trafficking and three years for the unlawful possession of less than 15 grams of a controlled substance. Defendant appeals his trafficking conviction.

I

Defendant first argues that there was insufficient evidence to support his conviction of controlled substance trafficking. Defendant believes his response to Gillette’s question as to whether there were drugs in the truck (“Yes — no, I mean no”) was not an indication of guilt. The State says that there was sufficient evidence to establish guilt beyond a reasonable doubt. We agree.

In order to establish that a defendant committed the crime of controlled substance trafficking, the State must prove the following elements:

“(1) knowingly bringing or causing to be brought into this State; (2) for the purpose of delivery; (3) or with the intent to deliver; (4) a controlled substance.” (People v. Frieberg (1992), 147 Ill. 2d 326, 346, 589 N.E.2d 508, citing Ill. Rev. Stat. 1987, ch. 561/2, par. 1401.1(a).)

This court must examine the evidence in a light most favorable to the prosecution and will not reverse unless the evidence is so improbable as to justify a reasonable doubt as to the defendant’s guilt. Frieberg, 147 Ill. 2d at 359-60.

While it could be argued that defendant’s statement was made only in reference to the cocaine that he had in his pocket, the jury must resolve conflicts or inconsistencies in a witness’ testimony. (Frieberg, 147 Ill. 2d at 360.) Certainly the jury could have found defendant’s answer of “Yes — no, I mean no,” to the point-blank question of whether there were drugs in the truck very damaging. Further, considering all of the facts and circumstances of the case, the jury could conclude that defendant knowingly brought cocaine into the State for the purpose of delivery. The critical facts are that defendant was “along for the ride” for no particular reason on a cross-country trip in a semitruck, that he had cocaine in his pocket, that the cocaine in the trailer had a purity level of 87% and was valued at approximately $43 million. Based on these facts, we find that there was sufficient evidence to support defendant’s conviction for controlled substance trafficking.

We note that defendant argues in this issue that there was insufficient evidence to establish that he had possession or control over the cocaine in the truck. From our review of the elements of the offense of controlled substance trafficking, possession or control of the controlled substance is not a required element. Therefore, inquiry into this area is unnecessary.

II

Defendant next argues that he was denied a fair trial as a result of Sergeant Spahn’s testimony.

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Bluebook (online)
627 N.E.2d 753, 255 Ill. App. 3d 967, 194 Ill. Dec. 416, 1994 Ill. App. LEXIS 65, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-amaya-illappct-1994.