People v. Garcia

552 N.E.2d 1171, 195 Ill. App. 3d 621, 142 Ill. Dec. 430, 1990 Ill. App. LEXIS 320
CourtAppellate Court of Illinois
DecidedMarch 16, 1990
Docket1-89-0001
StatusPublished
Cited by6 cases

This text of 552 N.E.2d 1171 (People v. Garcia) 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. Garcia, 552 N.E.2d 1171, 195 Ill. App. 3d 621, 142 Ill. Dec. 430, 1990 Ill. App. LEXIS 320 (Ill. Ct. App. 1990).

Opinion

JUSTICE RAKOWSKI

delivered the opinion of the court:

Following a bench trial in the circuit court of Cook County, defendant was convicted of calculated criminal drug conspiracy, delivery of a controlled substance, and possession of a controlled substance with the intent to deliver. Defendant was sentenced to a term of six years for each offense, the sentences to run concurrently. The issues raised on appeal are: (1) whether the trial court committed reversible error in prohibiting defendant’s testimony regarding his conversation with an alleged co-conspirator; (2) whether the State failed to prove each element of the offense of calculated criminal drug conspiracy beyond a reasonable doubt; and (3) whether defendant’s convictions for delivery of a controlled substance and possession of a controlled substance with the intent to deliver should be reversed where these convictions were based on the same conduct which gave rise to his conviction for calculated criminal drug conspiracy.

John Mueller, a police officer working as an investigator for the State’s Attorney’s office, testified at the trial that he was contacted by a man named George Downs on November 30, 1987. Downs informed him that the deal for a kilogram of cocaine was set for December 2, 1987. The next day Downs again contacted Mueller and arranged to meet him the following morning. Downs told Mueller that they were to meet Sam Cannata at that time, and that Cannata would have the cocaine available for Mueller to inspect. Downs also told Mueller to have the purchase price of $35,000 with him at that time. The next morning Mueller and Downs went to a restaurant on the northside of Chicago where they met Cannata. Cannata told Mueller that he did not have the cocaine with him. He informed Mueller that his contact lived nearby, but that he wanted to see the money before he picked up the cocaine. Mueller contacted Victor Valdez, an investigator with the Illinois State Police department, who then arrived on the scene with the money. Cannata counted the money and returned it to Valdez. He then left the scene to get the cocaine but returned a short time later and told Mueller that the person with the cocaine was not at home. Cannata informed Mueller that he would arrange to have his “connect” meet them at the automobile dealership (dealership) where Cannata was employed, and they could “turn” the deal there. When Mueller was contacted by Downs, he and Valdez drove to the dealership. Valdez remained in the car while Mueller went inside. Cannata met Mueller at the service entrance and informed him that the “connect” was inside with the package. Cannata and Mueller went into the dealership, where Mueller saw defendant and a woman standing by the elevator. Cannata told Mueller that the deal would be done on the elevator, but Mueller refused to use the elevator for the transaction. Defendant then displayed a package which he took from his jacket. Mueller again said that he was not going to get on the elevator, and that he only wanted to see the package. Defendant handed the package to Mueller, and Mueller opened it and observed squares of cocaine. Defendant told Mueller that it was “pure key” and that he would be happy with it. Mueller told defendant to wait while he got the money. He then gave a signal and defendant was arrested.

On cross-examination, Mueller stated that he had no knowledge that defendant, Downs and Cannata had any agreement with each other. Mueller also testified that prior to December 2, 1987, he had never seen defendant and Cannata together.

Nancy Hall, a forensic chemist, testified that the substance recovered was cocaine and that it weighed 953.47 grams.

Defendant testified in his own defense that he had known Cannata for 10 years. He stated that sometime in November 1987, his brother had a house for sale, and defendant asked Cannata if he was interested in purchasing it. Several weeks later Cannata contacted defendant. Defendant started to testify regarding his conversation with Cannata, but the State objected. The trial court sustained the State’s objection and ruled that the conversation was inadmissible hearsay. Defendant’s attorney then made an offer of proof that defendant would testify that Cannata telephoned him to inquire if the house was still available, and he asked defendant to meet him at the dealership on the following day, which was the day of the incident. Defendant then testified that when he arrived at the dealership, Cannata approached him and introduced Mueller to him as a friend. Defendant stated that Cannata and Mueller walked away, and Cannata’s girlfriend, who was also at the dealership, handed defendant a package. Cannata and Mueller returned, and Cannata took the package from defendant and handed it to Mueller. Shortly thereafter, defendant was arrested.

Defendant testified that he did not know Downs prior to his arrest, and he was not involved in a conspiracy. He also stated that the cocaine recovered did not belong to him, and he denied knowing what the package contained when it was in his possession. Defendant further testified that his only reason for being at the dealership was to talk with Cannata about the sale of his brother’s house.

I

Defendant’s first contention relates to the trial court’s exclusion of a portion of his testimony. During the State’s case in chief, the trial court allowed the introduction of inculpatory statements of an alleged co-conspirator. Defendant, however, was prohibited from testifying to his exculpatory conversation with the same person. He claims that this ruling by the trial court was reversible error. During his direct examination, Mueller testified that when he arrived at the dealership, Cannata informed him that his “connect” was there with the package. He then introduced Mueller to defendant. The trial court allowed admission of Cannata’s out-of-court statements based on the co-conspirator exception to the hearsay rule. When defendant testified in his own behalf, he stated that he had known Cannata for 10 years and that Cannata had expressed interest in buying a house that defendant’s brother had for sale. When defendant started to testify to a conversation with Cannata relative to the intended sale, the trial court sustained the State’s objection and prohibited defendant’s testimony as inadmissible hearsay. Defense counsel argued that the excluded conversation was necessary to defendant’s theory of defense. He then made an offer of proof that defendant would testify that he received a telephone call from Cannata, and that Cannata asked defendant if his brother’s house was still available. During this conversation, defendant agreed to meet Cannata at the dealership the next day to discuss the purchase of the property.

Hearsay is defined as testimony of an out-of-court statement which is offered to establish the truth of the matter asserted. With certain exceptions, such testimony is inadmissible at trial because the party against whom it is offered has no opportunity to test the absent declarant’s credibility. (People v. Jones (1983), 114 Ill. App. 3d 576, 589, 449 N.E.2d 547, 557.) However, statements which would be hearsay if offered for the truth of the matter asserted may be admissible if offered for the limited purpose of explaining another’s conduct. People v. Pirrello (1988), 166 Ill. App. 3d 614, 619, 520 N.E.2d 399

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Cite This Page — Counsel Stack

Bluebook (online)
552 N.E.2d 1171, 195 Ill. App. 3d 621, 142 Ill. Dec. 430, 1990 Ill. App. LEXIS 320, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-garcia-illappct-1990.