People v. Barash

759 N.E.2d 590, 325 Ill. App. 3d 741, 259 Ill. Dec. 810, 2001 Ill. App. LEXIS 850
CourtAppellate Court of Illinois
DecidedNovember 9, 2001
Docket3-00-0972 Rel
StatusPublished
Cited by4 cases

This text of 759 N.E.2d 590 (People v. Barash) 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. Barash, 759 N.E.2d 590, 325 Ill. App. 3d 741, 259 Ill. Dec. 810, 2001 Ill. App. LEXIS 850 (Ill. Ct. App. 2001).

Opinion

PRESIDING JUSTICE HOMER

delivered the opinion of the court:

The defendant, Simon Barash, was charged with cannabis trafficking (720 ILCS 550/5.1 (West 2000)) and unlawful possession of cannabis with intent to deliver (720 ILCS 550/5(g) (West 2000)). He filed a motion to bar prosecution and dismiss the indictment based on constitutional and statutory grounds of double jeopardy. The motion was denied, and the defendant filed an interlocutory appeal alleging that the Illinois prosecution is barred under section 13(b) of the Cannabis Control Act (720 ILCS 550/13(b) (West 2000)). After our careful review, we reverse.

BACKGROUND

On December 19, 1998, the defendant was driving a black Cadillac eastbound on Interstate 80 through Bureau County. At approximately 5:38 p.m., Illinois State Police Master Sergeant John Balma attempted to pull over the car driven by the defendant as well as a green Cadillac traveling in front of the defendant’s car because he believed the vehicles were obstructing traffic. Both the defendant’s black Cadillac and the green Cadillac had Michigan license plates and were registered to the same individual. Both cars pulled over to the side of the highway, but the defendant pulled back onto the highway after Balma pulled in front of his car and approached the green Cadillac only. When Balma saw the defendant pull back onto the highway, he radioed headquarters to look out for the defendant’s car because he believed the defendant had purposely fled the traffic stop.

Subsequent to the traffic stop, Balma conducted a search of the green Cadillac and found 260 to 270 pounds of marijuana in the trunk. The driver of the green Cadillac, Russell Diehl, allegedly told Balma that the defendant was a friend of his. After transporting Diehl and the green Cadillac to the Illinois State Police District 17 Headquarters, Balma and State Trooper Michael Ross went to look for the defendant’s car.

Approximately an hour and a half after the initial stop, the defendant’s car was pulled over by State Trooper Jeff Grey on Interstate 80, approximately 24 miles from where the car was originally pulled over by Balma. The defendant and his passenger, Prieilla Tip-ton, produced identification when they were asked to do so by Grey. Grey then reported to district headquarters that he had stopped the defendant’s car. After Balma and Ross arrived at the scene, the defendant and Tipton were placed in Grey’s squad car and driven to District 17 Headquarters.

Ross drove the defendant’s car to district headquarters where an inventory search was performed. No drugs were found in the car. A white envelope was found in the glove box, which contained a cellular phone number belonging to the driver of the green Cadillac.

At district headquarters, members of the District 17 Drug Task Force interviewed the defendant and the other individuals in custody. After the defendant was questioned, Ross transported the defendant and Tipton to the Bureau County jail, where they spent the weekend.

The Bureau County State’s Attorney filed charges against the defendant for cannabis trafficking on the following Monday, but those charges were dismissed on the same day. After the charges were dismissed, the defendant and Tipton were taken to District 17 State Police Headquarters, where the defendant was interviewed by Inspector Girton and Inspector Lawson of the Drug Task Force.

The next day, the defendant called Inspector Girton, requesting a ride to the airport. After Girton drove the defendant to the bank to cash some checks, Inspector Lawson asked for a tape recorded statement from the defendant. The defendant agreed and gave a tape recorded statement at District 17 Headquarters. Following that statement, Lawson and Girton drove the defendant and Tipton to Midway Airport.

Nine months later, the Attorney General’s office presented the defendant’s case before a statewide grand jury. The grand jury returned a two-count indictment against the defendant for the offenses of cannabis trafficking and unlawful possession of cannabis with intent to deliver.

On January 27, 2000, an Arizona grand jury returned a multiple-count indictment against many individuals, including the defendant. On November 29, 2000, the defendant pled guilty in Arizona to count I of the indictment, illegally conducting an enterprise, a Class 3 felony. The factual basis for the plea consisted of the events that occurred on December 19, 1998, in which the defendant admitted participating in transporting 260 to 270 pounds of marijuana into Illinois for the purpose of selling it in Michigan.

On December 14, 2000, the defendant filed a motion to bar prosecution in Illinois and to dismiss the indictment based on constitutional and statutory double jeopardy grounds. The trial court denied the motion, and the defendant filed an interlocutory appeal pursuant to Supreme Court Rule 604(f) (188 Ill. 2d R. 604(f)).

ANALYSIS

The defendant’s sole- contention is that his prosecution in Illinois for cannabis trafficking and possession of cannabis with the intent to deliver is barred because of his prior conviction of illegally conducting an enterprise in Arizona. In support of his argument, the defendant relies on section 13(b) of the Cannabis Control Act, which states, “A conviction or acquittal, under the laws of the United States or of any State relating to Cannabis for the same act is a bar to prosecution in this State.” 720 ILCS 550/13(b) (West 2000). Resolution of this issue requires us to determine whether the defendant (1) was convicted, (2) of a cannabis-related offense, (3) for the same act prosecuted in Illinois.

We find that the defendant’s guilty plea in Arizona is a conviction under Arizona law. See State v. Superior Court, 138 Ariz. 4, 6, 672 P.2d 956, 958 (1983) (explaining that “conviction” means the time when the person has been found guilty or has pled guilty even though there has been no sentence or judgment entered by the court). We" further find that the defendant’s conviction relates to cannabis because the defendant pled guilty to illegally conducting an enterprise based on his acts of possessing and trafficking marijuana. Consequently, the only issue remaining is whether the defendant’s conviction in Arizona involved the same act as the charges for which the defendant was indicted in Illinois.

The decision in this case hinges on the interpretation of section 13(b) of the Cannabis Control Act. Since statutory construction is a question of law, this court will conduct a de novo review. People v. Hall, 195 Ill. 2d 1, 21, 743 N.E.2d 126, 138 (2000).

In order for section 13(b) of the Cannabis Control Act to serve as a bar to the defendant’s prosecution in Illinois, the defendant’s Arizona conviction must have been for the “same act” as the charges brought against the defendant in Illinois.

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2020 IL App (1st) 182164 (Appellate Court of Illinois, 2020)
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768 N.E.2d 753 (Appellate Court of Illinois, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
759 N.E.2d 590, 325 Ill. App. 3d 741, 259 Ill. Dec. 810, 2001 Ill. App. LEXIS 850, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-barash-illappct-2001.