People v. Cooper

785 N.E.2d 86, 337 Ill. App. 3d 106, 271 Ill. Dec. 435, 2003 Ill. App. LEXIS 83
CourtAppellate Court of Illinois
DecidedJanuary 24, 2003
Docket1-01-1715, 1-01-2823 cons.
StatusPublished
Cited by25 cases

This text of 785 N.E.2d 86 (People v. Cooper) 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. Cooper, 785 N.E.2d 86, 337 Ill. App. 3d 106, 271 Ill. Dec. 435, 2003 Ill. App. LEXIS 83 (Ill. Ct. App. 2003).

Opinions

JUSTICE REID

delivered the opinion of the court:

Following a jury trial, the defendant, Sam Cooper, was found guilty of possession of a controlled substance with intent to deliver and was sentenced to serve six years’ imprisonment. On appeal,1 Cooper argues that he is entitled to a new trial as a result of: (1) the State’s failure to show beyond a reasonable doubt that he knowingly possessed heroin with the intent to deliver, (2) ineffective assistance of counsel, (3) the trial court improperly admitting evidence of his prior drug-related convictions, and (4) the State making improper remarks during closing argument. For the reasons that follow, we affirm in part, reverse in part, and remand this matter for resentencing.

BACKGROUND

At trial, Officer Cathlene McKenna testified that, on January 22, 2000, at approximately 7:45 p.m., she was conducting surveillance in an unmarked van. While there, she observed the defendant standing alone near a vacant lot, and on four separate occasions, she saw an individual approach the defendant and, after holding a short conversation, the individual handed the defendant currency. The defendant then walked a short distance to a fencepost, where he retrieved a small item or items from a clear plastic bag. He then gave the item or items to the individual, who then walked away. After the fourth transaction, Officer McKenna radioed her tactical team and described the defendant.

Officer Benjamin Almazan testified that on the day in question he and Officer Ken Yakes were also members of Officer McKenna’s tactical team. Officer Almazan testified that while he and Officer Yakes were waiting in a separate vehicle, they were radioed by Officer McKenna and told to approach the area where the defendant was located. When the officers arrived, they were told by Officer McKenna to detain Cooper. Officer Almazan testified that Officer McKenna then directed him to a fencepost, where he found at its base a clear plastic bag containing nine tinfoil packets. It was stipulated by the parties that if called to testify a forensic chemist would testify that the total estimated weight of the nine packets was 0.6 to 0.7 grams, and that one of the packets was tested and was shown to be positive for the presence of heroin.

Cooper testified that on the. night in question, he walked to the store. As he was returning home, he ran into his friend, Jerry Winn. As the two men were walking together, Winn tried to sell the defendant a thermal suit. At this time, a yellow unmarked police car approached. Three officers in plainclothes exited the vehicle and detained the men.

Cooper testified that he recognized one of the police officers, Officer Amato. Cooper said that he recognized Officer Amato because he had been arrested by the officer in the past. Officer Amato then searched Cooper and asked him to sit in the backseat of the unmarked vehicle. Officer Amato informed Cooper that the police officers were looking for narcotics.

Officer Amato asked Cooper if he had a case with him in the past. Cooper replied “yes.” Officer Amato asked about the case’s result and Cooper responded by telling the officer that he had beat it. However, Cooper admitted that his response was not true because the case resulted in a conviction. Cooper testified that he lied because he believed Officer Amato was harassing him.

Winn was searched and told to go on his way. Cooper remained in the yellow vehicle for approximately 15 minutes, then was told to enter a blue vehicle that had pulled alongside the yellow vehicle. Cooper testified that the blue vehicle was occupied by Officers Almazan and Yakes. At this time, Cooper was informed that the police officers found drugs, and he was placed under arrest.

ANALYSIS

I

Cooper maintains the State failed to prove beyond a reasonable doubt that he knowingly possessed heroin with the intent to deliver. Cooper argues that his conviction must be reversed because the State failed to present evidence which showed beyond a reasonable doubt that he had the requisite knowledge, possession or intent to deliver.

“[T]he State carries the burden of proving beyond a reasonable doubt each element of the offense and the defendant’s guilt.” People v. Maggette, 195 Ill. 2d 336, 353 (2001), citing People v. Ware, 23 Ill. 2d 59, 62 (1961). “A reviewing court will not set aside a criminal conviction on grounds of insufficient evidence unless the proof is so improbable or unsatisfactory that there exists a reasonable doubt of the defendant’s guilt. When considering the sufficiency of the evidence, it is not the function of a reviewing court to retry the defendant. Rather, the relevant question is whether, after reviewing all of the evidence in the light most favorable to the prosecution, any rational fact finder could have found beyond a reasonable doubt the essential elements of the crime.” Maggette, 195 Ill. 2d at 353, citing People v. Tye, 141 Ill. 2d 1, 13-14 (1990); People v. Phillips, 127 Ill. 2d 499, 509-10 (1989).

To support a finding of possession of a controlled substance, the State must prove that the defendant had knowledge of the presence of the narcotics and that the narcotics were in his immediate and exclusive control. People v. Smith, 288 Ill. App. 3d 820, 823-24 (1997), citing People v. Ray, 232 Ill. App. 3d 459, 462 (1992). Constructive possession may be established by proof that the defendant knew the contraband was present and that it was in his immediate and exclusive control. Smith, 288 Ill. App. 3d at 824, citing People v. Feazell, 248 Ill. App. 3d 538, 545 (1993). Knowledge may be shown by evidence of conduct from which it may be inferred that the defendant knew the contraband existed in the place where it was found. Smith, 288 Ill. App. 3d at 824, citing Feazell, 248 Ill. App. 3d at 545. The elements of knowledge and possession are questions of fact that are rarely susceptible to direct proof. Smith, 288 Ill. App. 3d at 824, citing Feazell, 248 Ill. App. 3d at 545.

In Smith, two police officers who were in an unmarked vehicle were conducting surveillance. The officers were watching the defendant and his codefendant, who were standing in a vacant lot. The officers observed an individual approach the defendant, who then walked a short distance and retrieved something from the ground. The defendant then returned to the location where the individual was standing with the codefendant. The defendant handed an object to the codefendant, who handed it to the individual for cash. After the second transaction, the defendant and codefendant were arrested. When the officers investigated the area where the defendant retrieved something from the ground, they found a bottle cap which contained plastic bags of what was determined to be cocaine.

On appeal, the defendant argued that the State had failed to prove that he had knowledge and constructive possession of the cocaine. Considering the officers’ observations, the Smith court held that the defendant had knowledge and possession of the cocaine. Smith, 288 Ill. App. 3d at 824. The defendant in Smith did not challenge the sufficiency of the evidence with regard to his intent to deliver. Smith, 288 Ill. App. 3d at 824.

Here, Cooper allegedly possessed the heroin that was found near the fencepost.

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People v. Cooper
785 N.E.2d 86 (Appellate Court of Illinois, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
785 N.E.2d 86, 337 Ill. App. 3d 106, 271 Ill. Dec. 435, 2003 Ill. App. LEXIS 83, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cooper-illappct-2003.