People v. Doll

467 N.E.2d 335, 126 Ill. App. 3d 495, 81 Ill. Dec. 635, 1984 Ill. App. LEXIS 2159
CourtAppellate Court of Illinois
DecidedJuly 27, 1984
Docket2-83-0594
StatusPublished
Cited by11 cases

This text of 467 N.E.2d 335 (People v. Doll) 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. Doll, 467 N.E.2d 335, 126 Ill. App. 3d 495, 81 Ill. Dec. 635, 1984 Ill. App. LEXIS 2159 (Ill. Ct. App. 1984).

Opinion

JUSTICE HOPF

delivered the opinion of the court:

After a jury trial the defendant, Sheila Doll, was convicted of unlawful delivery of cocaine (Ill. Rev. Stat. 1981, ch. 56x/2, par. 1401(a)(2)). The Kane County circuit court sentenced her to six years’ imprisonment in the Department of Corrections.

On appeal the defendant asserts that the trial court erred on the following points: (1) by excluding evidence that a defense witness had been offered leniency in exchange for not testifying on behalf of the defendant; (2) by allowing the State to make a misleading argument that this same defense witness, who had pled guilty on a related charge in a related case, gave inconsistent testimony in the present case; (3) by allowing certain arguments which may have led the jury to believe the defendant was involved in unrelated criminal activity; and (4) by restricting defense counsel’s cross-examination of a State witness, Captain J. W. Smith.

On July 13, 1982, the defendant was indicted for unlawful delivery of more than 30 grams of a substance containing cocaine, a controlled substance, in contravention of section 401(a)(2) of the Illinois Controlled Substances Act (Ill. Rev. Stat. 1981, ch. 56x/2, par. 1401(a)(2)). Rodney Nally, a defense witness, was indicted on three counts of the same charge arising from the same transaction. The State’s motion to consolidate the Nally case with the present case was denied.

At trial Randall Kucaba, special agent with the Illinois Department of Law Enforcement, Division of Criminal Investigation, was the principal witness for the State. Kucaba testified that on the morning of July 13, 1982, he contacted Rodney Nally for the purpose of buying some cocaine from him. The parties agreed on a price of $2,775 and made arrangements to meet at a certain parking lot in Aurora at about 4 p.m. on the day in question. Agent Kucaba brought his partner, Theodore Rizo, with him and Nally indicated he would probably bring his brother, Ken.

Kucaba and Nally met at the parking lot at the agreed location, though Nally was late. Nally was driving a red 1974 Chevrolet and the defendant, not Nally’s brother, was with him in the car. Kucaba approached the vehicle and asked Nally where Ken was. Nally responded that Ken could not make it, so Sheila Doll came along instead.

Kucaba testified that he introduced himself to defendant and inquired if she was Nally’s wife. Defendant responded that her name was Sheila and that she was Nally’s “old lady.” Kucaba then asked if Nally had brought the ounce and a quarter with him. Nally had the cocaine in a woman’s cigarette case which he opened, and Kucaba could see a plastic bag inside. Kucaba explained that the quarter-ounce package was for him and the one-ounce package was for his partner, Agent Rizo, and that he wanted it in two separate packages. Nally glanced at Sheila Doll and Doll responded by saying something to the effect of “don’t worry, there’s two separate packages in there.” Kucaba indicated he wanted a sample of the cocaine prior to purchasing. He testified that Nally told him not to worry, it was good quality, and Sheila Doll agreed, stating they had done a “line” before they came down to Aurora. Kucaba explained that doing a “line” means inhaling an amount of cocaine in the nose. Kucaba took the sample back to his vehicle, and Agent Rizo did a field test (chemical) of a portion of the sample. Kucaba returned to the vehicle and exchanged $2,775 in marked money for the cocaine.

As Nally was counting the money Kucaba inquired as to whether or not they would be able to purchase 10 to 12 ounces of cocaine from him in the future. Kucaba testified that Sheila Doll responded by saying, yes, they could; it would take them about one day to come up with that much cocaine. Nally agreed with defendant. Kucaba testified that after Nally finished counting the money he handed it to Doll, Nally shook hands with Kucaba and Kucaba walked away with the cocaine. No arrest was made at the time. Kucaba testified as to the chain of evidence and that the tests performed on the substance indicated that it did contain cocaine.

On cross-examination Agent Kucaba testified that he identified Sheila Doll through the license plates on her vehicle. The colloquy which followed this statement is the subject of an issue discussed in more detail below. Kucaba testified that he made no arrests at the time of the July 13 purchase because he wanted to try to set up a larger buy. However, he was unable to set up another purchase with Nally in the ensuing months.

Agent Rizo corroborated the Kucaba testimony. A forensic scientist testified for the State that the total weight of the powder was 34.2 grams and that test results indicated that the substance contained cocaine.

The postmaster for St. Charles testified that he knew Sheila Doll because she was a regular rural carrier with that office. Her work records for July 13, 1982, reflected that she came to work on that day but went home sick. A substitute filled in for her position. A copy of the work sheet for that date was admitted as an exhibit for the State.

Rodney Nally was the principal witness for the defendant. He testified that he had been convicted of delivering cocaine as a result of the transactions described by Agent Kucaba. He had known the defendant for nine years and had had an on-and-off relationship with her over that period of time. During the course of their relationship he had abused her on many occasions and caused her various injuries. When the defendant had attempted to break off the relationship, Nally admitted he would go into a violent rage. He indicated he was using cocaine quite often and drinking a lot. Nally testified he was also seeing a girl named Cheryl Vivarino during the time prior to the July 13 delivery. He testified that on the day in question Cheryl was going to come by his mother’s house and pick him up and give him a ride. When Cheryl did not arrive he asked for a ride from Sheila, who had come to see Nally’s sister. Defendant told him she would not let him use her car because she did not want Nally’s sleazy girlfriends in her car. Nally said he was not going to do that and said she could come with him. Defendant indicated she would ride with him.

Nally testified that he drove the car on the trip to Aurora. He pulled into the parking lot at Gaylord’s and got out of the car to get the cocaine out of the trunk where he had put it. After Kucaba came up to the car Nally gave him a sample of the cocaine. At this point, according to Nally, the defendant figured out what was going on and said she wanted to get out of the car and he could pick her up later at the shopping center. Nally testified that he grabbed her by the arm and told her to stay in the car. Nally then introduced the defendant to Agent Kucaba. However, he testified, prior to their arrival at the parking lot, she had no knowledge of the drug deal and did not participate in any of the conversations that took place during the time of the deal. Nally testified that when Kucaba inquired about the quality of the stuff he did not say that he and defendant had done a “line.” Rather, he had used a needle and had “shot” some. Nally testified that if at any time he had told the defendant that he intended to use her car to make a drug sale she would not have let him use the car and he would end up “hitting” her and just taking the car.

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Bluebook (online)
467 N.E.2d 335, 126 Ill. App. 3d 495, 81 Ill. Dec. 635, 1984 Ill. App. LEXIS 2159, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-doll-illappct-1984.