People v. Glisson

835 N.E.2d 162, 359 Ill. App. 3d 962, 296 Ill. Dec. 307, 2005 Ill. App. LEXIS 892
CourtAppellate Court of Illinois
DecidedAugust 24, 2005
Docket5-99-0723
StatusPublished
Cited by9 cases

This text of 835 N.E.2d 162 (People v. Glisson) 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. Glisson, 835 N.E.2d 162, 359 Ill. App. 3d 962, 296 Ill. Dec. 307, 2005 Ill. App. LEXIS 892 (Ill. Ct. App. 2005).

Opinion

JUSTICE CHAPMAN 1

delivered the opinion of the court:

In March 1999, the defendant, Monica Glisson, was pulled over for illegally stopping on a highway. As a result of this stop, officers discovered a cooler containing anhydrous ammonia in the trunk of the car she was driving. Anhydrous ammonia is an ingredient in methamphetamine, and the stop occurred in the immediate vicinity of anhydrous ammonia storage tanks owned by Fruitbelt, Inc. (Fruit-belt). The defendant was charged with one count each of theft (720 ILCS 5/16 — 1(a)(1)(A) (West 1998)) and chemical breakdown of an illicit controlled substance (720 ILCS 570/401.5(a — 5) (West 1998) (repealed in relevant part by Pub. Act 91 — 403, § 5, eff. January 1, 2000)). She was convicted on both counts and sentenced to 18 months in prison on the chemical breakdown charge and 30 days in jail on the theft count.

On the defendant’s first appeal to this court, we reversed her conviction for theft, finding that the State had failed to prove beyond a reasonable doubt that the anhydrous ammonia found in her car belonged to Fruitbelt. People v. Glisson, 324 Ill. App. 3d 249, 253, 754 N.E.2d 444, 448 (2001). We also vacated her conviction for chemical breakdown of an illicit controlled substance, finding that the statute under which she was charged was to be treated as if it had never existed because it had been repealed without the legislature enacting a replacement. Glisson, 324 Ill. App. 3d at 253, 754 N.E.2d at 447. The State appealed from the portion of our opinion vacating the defendant’s conviction for chemical breakdown of an illicit controlled substance. The Illinois Supreme Court reversed our holding and remanded the cause to this court to consider the contentions of error that our disposition did not require us to address. People v. Glisson, 202 Ill. 2d 499, 509-10, 782 N.E.2d 251, 257-58 (2002). Specifically, the defendant argued that (1) the State failed to prove her guilty beyond a reasonable doubt, (2) the court erred in admitting two exhibits without foundation, (3) she was prejudiced by misstatements of the evidence in the prosecutor’s closing argument, and (4) she received ineffective assistance of counsel. We now consider these arguments and affirm the defendant’s conviction.

The events leading to the discovery of the anhydrous ammonia unfolded as follows. Shortly after midnight on March 30, 1999, Massac County Deputy Sheriff Kent Miles was driving on Highway 45 on routine patrol. He observed a vehicle stopped in the roadway near anhydrous ammonia storage tanks owned by Fruitbelt. Deputy Miles noticed the brake light at the top of the rear windshield go dark. As he approached the vehicle, he saw a man close the trunk and enter the passenger side of the car. The car then drove away. Deputy Miles followed the car and ran the license plate number through his computer before putting on his lights and pulling the car over.

Deputy Miles testified that the defendant, who was 17 years old at the time, appeared more nervous than drivers normally are when stopped for a traffic violation. He asked her why she had stopped in the roadway. She explained that she and her boyfriend, passenger Joseph Draffen, had argued and that she had stopped her car and let him out. Then, feeling bad, she went back to pick him up. Although it is not entirely clear when Deputy Miles first noticed it, he testified that he could detect the faint odor of anhydrous ammonia from outside the car. He radioed for backup, and Deputy Richard Douglas responded.

Deputy Douglas arrived at the scene at approximately 12:40 a.m. He was familiar with Draffen, whom he knew to be a suspect in previous thefts of anhydrous ammonia from Fruitbelt. Deputy Douglas also detected the faint odor of anhydrous ammonia from outside the defendant’s car.

When asked for permission to search the car, the defendant refused, stating that the car belonged to her mother and that she did not think she had the authority to consent to a search. According to Deputy Douglas, the key to the trunk was in the keyhole, and when he simply touched the key, the trunk popped open. According to the defendant, however, she saw Deputy Douglas turn the key to open the trunk. When the trunk was open, the odor of anhydrous ammonia became stronger.

Chief Deputy Ted Holder and Southern Illinois Drug Task Force Inspectors Dean Hamilton and Ricky Griffey were also called to the scene. Hamilton, who wore protective gear, removed a bucket from the trunk of the car. The bucket was sealed with duct tape. Inside the bucket was a cooler that, according to the State’s witnesses, contained a substance they identified by its odor as anhydrous ammonia.

The State charged the defendant the next day with one count each of theft and chemical breakdown of an illicit controlled substance. She stood trial in July 1999 and was convicted on both counts. As previously noted, we reversed her theft conviction and vacated her conviction for chemical breakdown of an illicit controlled substance. Because the supreme court reversed our finding that the statute under which the defendant was convicted was not applicable due to its subsequent repeal, we now consider her remaining challenges to that conviction.

The defendant first argues that the State failed to prove her guilty beyond a reasonable doubt because it failed to present sufficient evidence that the substance in the cooler was, in fact, anhydrous ammonia. As the defendant correctly contends, the identity of an illicit controlled substance is an element of the offense that the State is required to prove beyond a reasonable doubt. See People v. Park, 72 Ill. 2d 203, 211, 380 N.E.2d 795, 799 (1978). Often, that proof comes in the form of laboratory tests. Here, the substance found in the cooler was not submitted to any such testing. One officer testified that forensic labs will not accept anhydrous ammonia for testing because it is a hazardous substance. He further testified that, although there is a field test that can measure the presence of anhydrous ammonia vapor in the air, the Southern Illinois Drug Task Force does not have such a test. Thus, the only evidence that the substance was anhydrous ammonia was the testimony of three officers that they smelled the odor of anhydrous ammonia, which they described as distinctive and “unmistakable.” In support of her argument that this testimony is insufficient, the defendant cites People v. Hagberg, 192 Ill. 2d 29, 733 N.E.2d 1271 (2000); People v. Jones, 174 Ill. 2d 427, 675 N.E.2d 99 (1996); People v. Newberry, 166 Ill. 2d 310, 652 N.E.2d 288 (1995); and People v. Brown, 3 Ill. App. 3d 879, 279 N.E.2d 382 (1972).

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Bluebook (online)
835 N.E.2d 162, 359 Ill. App. 3d 962, 296 Ill. Dec. 307, 2005 Ill. App. LEXIS 892, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-glisson-illappct-2005.