People v. Curtis

599 N.E.2d 101, 233 Ill. App. 3d 416, 174 Ill. Dec. 555, 1992 Ill. App. LEXIS 1354
CourtAppellate Court of Illinois
DecidedAugust 27, 1992
Docket4-92-0024
StatusPublished
Cited by12 cases

This text of 599 N.E.2d 101 (People v. Curtis) 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. Curtis, 599 N.E.2d 101, 233 Ill. App. 3d 416, 174 Ill. Dec. 555, 1992 Ill. App. LEXIS 1354 (Ill. Ct. App. 1992).

Opinion

JUSTICE KNECHT

delivered the opinion of the court:

Defendant James Curtis pleaded guilty to unlawful possession with intent to deliver more than 15 grams but less than 100 grams of cocaine. He appeals from the 10-year sentence imposed, and argues the sentence is excessive. He also argues he is entitled to an additional day of credit for time served before his conviction. The sentence imposed was not excessive, and we affirm.

In July 1991, defendant was indicted for one count of unlawful possession of a controlled substance with intent to deliver (Ill. Rev. Stat. 1991, ch. 561/2, par. 1401(a)(2)(A)) and one count of unlawful possession of a controlled substance (Ill. Rev. Stat. 1991, ch. 561/2, par. 1402(a)(2)(A)).

Pursuant to an agreed disposition, defendant pleaded guilty to count I, a Class X felony punishable by 6 to 30 years’ imprisonment. The State agreed to dismiss count II and not file another Class X felony charge for an additional alleged unlawful delivery. The State also agreed to recommend defendant receive no more than 10 years’ imprisonment.

At the hearing, the trial judge fully explained the potential penalties for the offense for which defendant pleaded guilty. Defendant indicated he fully understood the potential penalties and was voluntarily pleading guilty. The trial judge imposed a 10-year sentence. Defense counsel timely filed a motion to reconsider the sentence, arguing the judge should have imposed only the minimum six-year term. The trial court judge refused to reduce the sentence.

Defendant argues the sentence imposed was excessive because the trial court judge did not properly consider the following mitigating factors: (1) his actions did not cause or threaten serious physical harm to another; (2) his illegal activity resulted from his previously being diagnosed with Hodgkin’s disease, thereby he was unable to work steadily because he was receiving chemotherapy; (3) he had no prior juvenile or adult criminal record; (4) his statements indicated he was unlikely to commit another crime; (5) the term imposed will endanger his physical condition; (6) he cooperated with authorities; and (7) the trial judge did not adequately consider his rehabilitative potential.

The State contends the sentence was not excessive because defendant received it due to a negotiated agreement. It also argues the record indicates the trial court judge adequately considered the mitigating factors.

The trial judge fully explained to defendant the ramifications of pleading guilty. The State informed the court it agreed to seek not more than a 10-year term of imprisonment. Defense counsel responded that defendant’s understanding of the plea agreement was consistent with the State’s. Defendant was fully aware he could receive a 10-year sentence. Moreover, the sentence imposed by a trial judge will not be overturned absent an abuse of discretion. The trial judge’s ruling is entitled to great deference because he is better able to make a reasoned decision based on firsthand considerations of the pertinent aggravating and mitigating factors. (People v. Streit (1991), 142 Ill. 2d 13, 19, 566 N.E.2d 1351, 1353; People v. Perruquet (1977), 68 Ill. 2d 149, 154, 368 N.E.2d 882, 884; People v. Bernotas (1991), 215 Ill. App. 3d 371, 376, 574 N.E.2d 1236, 1239.) The sentence imposed was not excessive.

The record shows the trial judge considered the mitigating factors about which defendant complains. These factors were delineated by defense counsel before sentence was imposed. After arguments, the trial judge indicated he was aware of the specific factors he was bound to consider and noted counsel had aptly outlined these.

A sentencing judge is presumed to have considered the relevant factors absent a contrary showing. (People v. Clark (1991), 207 Ill. App. 3d 439, 457, 565 N.E.2d 1373, 1385; People v. Bradney (1988), 170 Ill. App. 3d 839, 868, 525 N.E.2d 112, 131.) However, we need not rely on this principle because the trial judge stated he considered the relevant factors. In addition, no evidence exists to the contrary.

Defendant is mistaken as to the applicability of the first mitigating factor he advances. His actions clearly threatened and may have caused serious physical harm to others. As the trial judge noted, dealing drugs poses serious potential harm. Defense counsel conceded that although defendant’s illegal conduct resulted from his illness, this was not an excuse for his conduct. In addition, although defendant had no previous juvenile or adult convictions, he had been dealing drugs since November 1989, by purchasing drugs in large amounts in Chicago and selling them to 13 street-level dealers who distributed them further. He also sold drugs between the time of his arrest in March 1991 and his later arrest on July 8, 1991. Defendant also indicated to police on the day of his arrest that he owned five vehicles, some of which were paid for with drug and gambling profits. The police also found $2,200 in cash at defendant’s home the day of his arrest. This is not a portrayal of one who is dealing drugs merely to pay for necessities.

Defendant contends his statement to the trial judge suggests he was unlikely to commit another crime. He also cooperated with police officials after his arrest. However, these considerations are not controlling. The trial judge balanced all relevant factors. His statement to the trial judge was made only after he was apprehended for dealing sizeable quantities of cocaine. His argument the 10-year prison term will endanger his physical health is not supported by the record, which indicates his condition of Hodgkin’s disease is in remission. Furthermore, as the State notes, there is no evidence that imprisonment would adversely affect his condition.

Defendant’s argument the trial judge did not properly consider his rehabilitation potential also fails. The judge indicated he considered each of the mitigating factors. However, he also considered the extent of defendant’s involvement in the sale and distribution of cocaine and the length of time he was involved. The judge did not abuse his discretion by imposing a 10-year term on defendant. Defendant could have received a significantly longer term if he had not entered into a plea agreement. Considering the length and depth of his involvement in the sale and distribution of cocaine, a 10-year term was appropriate.

Defendant next argues he is entitled to an additional day of credit against his sentence because he was in custody on March 29, 1991, the day he was arrested. The State agrees. Section 5—8—7(b) of the Unified Code of Corrections provides that a defendant “shall be given credit *** for time spent in custody as a result of the offense for which the sentence was imposed.” (Ill. Rev. Stat. 1991, ch. 38, par. 1005—8—7(b).) This credit applies where defendant is in custody for any part of the day. (People v. Hutchcraft (1991), 215 Ill. App. 3d 533, 534, 574 N.E.2d 1337

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Bluebook (online)
599 N.E.2d 101, 233 Ill. App. 3d 416, 174 Ill. Dec. 555, 1992 Ill. App. LEXIS 1354, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-curtis-illappct-1992.