People v. Goins

355 N.E.2d 321, 42 Ill. App. 3d 76, 1976 Ill. App. LEXIS 3082
CourtAppellate Court of Illinois
DecidedSeptember 28, 1976
DocketNo. 75-327
StatusPublished
Cited by2 cases

This text of 355 N.E.2d 321 (People v. Goins) 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. Goins, 355 N.E.2d 321, 42 Ill. App. 3d 76, 1976 Ill. App. LEXIS 3082 (Ill. Ct. App. 1976).

Opinion

Mr. PRESIDING JUSTICE STOUDER

delivered the opinion of the court:

This appeal is from the judgment of the circuit court of Tazewell County, after trial by jury, finding defendant, John Goins, guilty of the unlawful delivery of a controlled substance.

On October 30, 1974, John Goins, Loren Evatt, Rick Kane and Steve Kane were indicted for the unlawful delivery of less than 300 grams of a substance containing phencyclidine. Co-defendants Rick Kane and Steve Kane were tried with defendant John Goins. Loren Evatt pleaded guilty prior to trial. On May 9, 1975, defendant was sentenced to a term of imprisonment of not less than one year nor more than three years in the Department of Corrections.

The main witness for the State was Jerry LaGrow, Director and Commander of the Multi County Narcotic Unit. LaGrow testified that on October 8, 1974, he met Loren Evatt when he picked Evatt up while hitchhiking. They had a conversation relating to drugs and then he drove Evatt to a nearby restaurant where Evatt attempted to cut him into some dope peddlers. LaGrow stated he saw Evatt again on October 10, 1974, and on October 22, 1974, he again met with Evatt who told him he had some good “angel dust" to sell. This he explained was phencyclidine or P.C.P., an animal tranquilizer. LaGrow testified this conversation took place in Evatt’s trailer and shortly afterwards an automobile arrived in which were Steve Kane, Rick Kane and the driver, the defendant John Goins. LaGrow testified he and Evatt walked to the auto and Evatt introduced him to its occupants. He testified Steve Kane offered to sell him some dust for $105. LaGrow gave the $105 to Steve Kane who stated he would get the “dope.” During this conversation defendant was looking at LaGrow but said nothing. LaGrow testified Loren Evatt, Steve Kane and defendant John Goins left in the car while Rick Kane stayed at the trailer with LaGrow. LaGrow stated he and Rick Kane waited for about two and a half hours at which time Loren Evatt, Steve Kane and defendant returned. LaGrow stated the three men came into the trailer and he was given a white substance in a tinfoil package which was represented to be “real good dust.” LaGrow stated that at this time defendant was standing about five feet from the transaction. Defendant was looking at the others but said nothing. Defendant, Rick Kane, Steve Kane and Loren Evatt plus another witness all testified that on October 22,1974, it was Loren Evatt only who was involved in the sale of P.C.P. to LaGrow. They testified Rick Kane, Steve Kane and defendant had no idea any sale of drugs was taking place.

Two issues are raised on this appeal: one, whether testimony regarding other drug sales committed by a co-defendant was improperly admitted into evidence at defendant’s trial and two, whether defendant was denied a fair trial due to the closing arguments of the prosecutor.

The first issue is whether defendant was denied a fair trial by the admission of evidence regarding other drug sales committed by a co-defendant. Specifically, through questions and answers by the prosecutor to the State’s main witness, Jerry LaGrow, there were three areas in which testimony was elicited regarding other drug sales committed by a co-defendant. The first area relates to agent LaGrow’s testimony that after meeting Loren Evatt he and Evatt went to a restaurant where Evatt tried to cut him into some dope peddlers. Defendant’s objection to this testimony was overruled. LaGrow then testified he and Evatt went across the street where Evatt telephoned a girl from whom he stated he could get 1,000 hits of speed. The second area relating to testimony regarding other drug sales by a co-defendant involved LaGrow’s testimony that on another occasion Evatt introduced him to an Eddie Ervin and LaGrow passed money to Evatt who handed it to Ervin and Ervin handed L.S.D. to Evatt who handed it to LaGrow. The third area relating to testimony regarding other drug sales consisted of LaGrow’s testimony as to his conversation with Rick Kane on October 22, 1974, while they were waiting for Steve Kane, Loren Evatt and defendant Goins to return to the trailer. LaGrow testified Rick Kane stated he was the head and Steve was his brother and their last name was Kane and his name was Rick Kane and the other brother was Jim that LaGrow had purchased some marijuana from on a prior occasion. Kane told him they usually worked together but that Steve was the one that had all the connections.

With regard to the first issue, the general rule is that evidence of other crimes is admissible if relevant for any purpose other than to show a mere propensity on the part of defendant to commit the crime. (People v. Lehman, 5 Ill. 2d 337, 125 N.E.2d 506.) Defendant argues the evidence of prior unrelated drug dealings by one of them was for the purpose of characterizing the defendants all as hardened drug dealers. He cites People v. Cole, 29 Ill. 2d 501, 194 N.E.2d 269, and People v. Baxter, 74 Ill. App. 2d 437, 221 N.E.2d 16, to support his position that the citing of these aforementioned prior drug dealings not involving defendant constituted prejudicial misconduct on the part of the prosecutor. However, in Cole the court aifirmed the conviction and held that evidence of the sale of narcotics by defendant to an agent on two previous occasions was properly admitted because this evidence was relevant for purposes other than to show defendant’s propensity to commit the crime on the date in question. The court stated the prior transactions strengthened the identification of the defendant as the person with whom the narcotic agent dealt and tended to remove any doubt defendant’s conduct on the date in question was inadvertent or innocent. The court stated the prior transactions explained and lent credence to the otherwise unrealistic ease with which the Federal agent managed the controlled sale on the day in question.

In People v. Baxter, 74 Ill. App. 2d 437, 221 N.E.2d 16, defendant’s conviction for unlawful sale of drugs was reversed and remanded for new trial. The Baxter court distinguished People v. Cole, 29 Ill. 2d 501, 194 N.E.2d 269. In Baxter, the court stated the plausibility of the transaction presented no problems since the questionable testimony was given by a man who was neither a Federal narcotics agent nor a stranger to defendant but was both a special police employee and a narcotics addict who had known defendant and had seen him everyday during the prior three months. Also, in Baxter the defendant purchased a small amount ($10) of narcotics as opposed to the $120 purchase in Cole. In the instant case the questionable testimony was given not by a special police employee and narcotic addict as in People v. Baxter, 74 Ill. App. 2d 437, 221 N.E.2d 16, but to a narcotics agent as in People v. Cole, 29 Ill. 2d 501, 194 N.E.2d 269. Furthermore, agent LaGrow was not someone defendant and the others had seen everyday for the prior three months as in Baxter, but was someone more like the stranger in Cole.

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Bluebook (online)
355 N.E.2d 321, 42 Ill. App. 3d 76, 1976 Ill. App. LEXIS 3082, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-goins-illappct-1976.