People v. Echavarria

840 N.E.2d 815, 362 Ill. App. 3d 599, 298 Ill. Dec. 702, 2005 Ill. App. LEXIS 1284
Appellate Court of Illinois·Decided December 22, 2005·No. 4-02-1027·Published·Cited by 17 cases

Opinions

JUSTICE KNECHT

delivered the opinion of the court:

Following a jury trial in the Champaign County circuit court, defendant, Rigoberto G. Echavarria, was convicted of possession of a controlled substance with intent to deliver (720 ILCS 570/401(a)(2)(A) (West 2002)) and sentenced to 12 years’ imprisonment. Defendant appeals his conviction and sentence, contending (1) the evidence was insufficient to establish the chain of custody to allow the cocaine into evidence; (2) his guilt of intent to deliver was not proved beyond a reasonable doubt; and (3) the trial court abused its discretion in sentencing him to 12 years in prison. We affirm.

I. BACKGROUND

After defendant was arrested for the offense in question, he posted bond and did not appear again until arrested on a warrant after trial. His jury trial proceeded in his absence in September 2002. Chief among the witnesses against defendant at trial was Douglas Beals. Beals testified in May 2002 his home was the subject of a police search warrant. During the search, law-enforcement officials found a quantity of cocaine and cannabis. Beals admitted the drugs belonged to him and he offered to help law-enforcement officers with future drug investigations to help his situation. The officers did not make any promises to Beals but said they would inform the prosecutor of his cooperation. At the time of his testimony, Beals had not been charged with a criminal offense for the controlled substances found in his home.

As part of his offer to cooperate with law enforcement, Beals arranged for defendant to deliver drugs to him on July 3, 2002. He identified defendant from his driver’s license photograph at trial as the man he arranged to have deliver drugs to him.

Beals stated on July 3, 2002, he called defendant’s cellular telephone and made arrangements to have defendant meet him at the Aldi’s store on Mattis Avenue in Champaign. Beals then contacted Dale Rawdin, a detective with the Champaign police department currently assigned as an inspector with the Illinois State Police to Task Force X, a multijurisdictional group of law-enforcement officers assigned to narcotics investigations. Beals indicated defendant agreed to deliver cocaine to him and described defendant as a young, slight-built Hispanic male who would be at the Aldi’s parking lot at approximately 7 p.m. driving a gray pickup truck.

Inspector Rawdin testified for the State and corroborated Beals’s testimony. Surveillance of the Aldi’s parking lot was established and Inspector hvwdin testified a gray pickup truck with a young Hispanic male driver entered the lot shortly before 7 p.m. The driver exited the vehicle and began looking around the parking lot. Two Champaign police sergeants apprehended the man. Inspector Rawdin approached defendant immediately after he was apprehended. He heard Sergeant Jon Swenson tell defendant he wanted to talk to him about the cocaine in his pocket. He then heard the suspect tell Sergeant Swenson he bought the cocaine from a black male on a street corner for $500. Inspector Rawdin identified a driver’s license photograph of defendant as the same individual he saw driving the pickup truck and taken into custody.

Inspector Rawdin stated at the time he was taken into custody defendant was in possession of what the lab later determined to be approximately 23 grams of cocaine. Rawdin stated it had a street value of approximately $2,300. He understood from his conversations with Beals one ounce of cocaine was to be delivered and an ounce consisted of 28 grams. Inspector Rawdin stated in his experience as a narcotics investigator, cocaine is sold at the street level in grams or half-gram Baggies. Following the execution of a consent search of defendant’s residence, no Baggies, no large amounts of cash, and no scale were found. Inspector Rawdin stated the presence of a scale and Baggies would indicate an individual was distributing cocaine.

Champaign police sergeant John Schweighart testified on July 3, 2002, he was part of the surveillance team at the parking lot. He and Sergeant Jon Swenson approached a young Hispanic male. Sergeant Schweighart identified the driver’s license photograph of defendant as the individual he approached in the Aldi’s parking lot. Sergeant Schweighart held defendant’s arm while Sergeant Swenson searched defendant and removed a quantity of contraband from defendant’s pants pocket. Sergeant Schweighart testified State’s exhibit No. 1 appeared to be the item Sergeant Swenson removed from defendant’s pocket and it was in substantially the same condition as it was when he saw Sergeant Swenson remove it.

Sergeant Swenson did not testify. David Shaffer testified he was a Champaign police officer and participated in the search of defendant’s home on July 3, 2002. During the search, Officer Shaffer located a driver’s license and resident alien card in defendant’s name in a bedroom. Officer Shaffer identified the individual apprehended in the Aldi’s parking lot as the same individual depicted on the driver’s license photograph.

The parties then stipulated, if called as a witness, John Martin would testify he was a forensic scientist with the Illinois State Police and he received State’s exhibit No. 1, a sealed evidence bag, from Willie Gartrell of Task Force X on July 8, 2002. Martin would further testify he analyzed the contents of exhibit No. 1 and found it to be 22.6 grams of a chunky, white powder containing cocaine. Martin would also testify he resealed the contents of exhibit No. 1 and returned it to Gartrell on September 10, 2002. The State rested. Without objection, exhibit Nos. 1 and 2 were admitted into evidence. The court then inquired about a stipulation regarding the testimony of Gartrell and the prosecutor responded, “I included it in the stipulation for the lab.” There had been an earlier mistrial in this case. The State apparently chose to try the case again without the testimony of Sergeant Swenson or Willie Gartrell.

Defendant did not put on any evidence and moved for a directed verdict, which was denied. The jury found defendant guilty of possession of a controlled substance with intent to deliver.

Defendant filed a posttrial motion alleging generally the evidence was insufficient as a matter of law to prove him guilty beyond a reasonable doubt. The posttrial motion was denied and defendant was sentenced in absentia.

A motion to reconsider sentence was heard and denied. Defendant was apprehended and returned to Illinois where he was admonished of his appeal rights in open court and a timely appeal was filed.

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People v. Echavarria, 840 N.E.2d 815, 362 Ill. App. 3d 599, 298 Ill. Dec. 702, 2005 Ill. App. LEXIS 1284 (Ill. Ct. App. 2005).

840 N.E.2d 815 (People v. Echavarria) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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