People v. Martin

580 N.E.2d 575, 219 Ill. App. 3d 1064, 162 Ill. Dec. 612, 1991 Ill. App. LEXIS 1806
Appellate Court of Illinois·Decided October 9, 1991·No. 2-90-0704·Published·Cited by 7 cases

Opinion

JUSTICE INGLIS

delivered the opinion of the court:

A jury convicted defendant, Jonathan Martin, of one count of delivery of between 400 and 900 grams of a controlled substance containing cocaine (Ill. Rev. Stat. 1987, ch. BG1^, par. 1401.1(2)), and one count of delivery of between 15 and 100 grams of a substance containing cocaine (Ill. Rev. Stat. 1987, ch. BGVa, par. 1401(a)(2)). On appeal, defendant argues that he was not proved guilty beyond a reasonable doubt of either count because he was entrapped as a matter of law. We affirm.

The State’s primary witness was Joseph DeAnda, the undercover agent to whom defendant made the deliveries. On July 12, 1989, DeAnda, a Bensenville police officer assigned to narcotics investigation work with the Du Page Metropolitan Enforcement Group (Du-MEG), met with Jeanine Walters at the Bensenville police station and signed her up as an informant. DeAnda testified that he had never met or heard of Walters before that date. A Bensenville police detective had introduced Walters to DeAnda that day, informing DeAnda that Walters had been arrested for driving with a revoked license after a previous conviction of driving under the influence. DeAnda interviewed Walters. He told her that, in return for being an informant, she might get money and consideration on her pending charge, both normal means of compensating informants.

On Friday, July 14, 1989, DeAnda’s supervisor gave him money to buy an ounce of cocaine from defendant. According to DeAnda, this large an amount would be intended not for personal use but for resale to others. DeAnda went to Walters’ apartment in Bensenville. About 45 minutes after DeAnda arrived, defendant and his fiancee, Marian Anderson, arrived. Walters had told defendant that he would be meeting her boyfriend “Joe.” After Walters introduced the pair to DeAnda, she and Marian went into the kitchen, leaving defendant and DeAnda in the living room. No one else was in the apartment. Defendant handed DeAnda a bag of cocaine, and the two negotiated a price of $900. DeAnda then said that he could use at least five to six ounces of cocaine a week; defendant responded that he could supply that amount at a discounted price of $875 an ounce. DeAnda asked how he could get in touch with defendant; defendant told him to contact Walters. DeAnda replied that she was tough to get and gave defendant his pager number. Defendant wrote down the number and said he would use 58 as a code number.

Defendant and “Joe” conversed some more. After they discussed different ways of testing cocaine for purity, defendant asked DeAnda if the latter had a source for marijuana, which was scarce in the area. DeAnda said that he would see if he could find a source. Defendant also told DeAnda that he disliked police, having had a run-in with the Bensenville police in 1977, and was looking for a weapon with a lot of firepower and a limited amount of noise. DeAnda replied that he had a source for machine guns but would have to check on availability. Defendant said that he would page DeAnda at about 6:30 p.m. Tuesday, July 18.

On Tuesday, defendant paged DeAnda. DeAnda called defendant and told him that he needed two more ounces of cocaine. He also told defendant that the “sewing machine” (machine gun) had come in, but that he had not found a source of marijuana. Defendant replied that two ounces of cocaine would be no problem.

That day DeAnda received a circuit court order permitting him to tape-record his conversations with defendant. The jury heard tapes of these conversations, and transcripts of the tapes are part of the record on appeal. On Wednesday, July 19, at about 7:10 p.m., defendant paged DeAnda, leaving DeAnda the phone number of defendant’s fiancee, Marian Anderson. DeAnda called the number and spoke with defendant. Defendant recalled that DeAnda’s “order was due” and asked if DeAnda had called Walters; DeAnda replied that he had, but only got the answering machine. Defendant replied, “that’s all I got, too,” and asked if DeAnda had brought the “sewing machine.” DeAnda said that he had. The two then discussed a meeting place. Defendant suggested the intersection of Waveland and Irving, where he “used to pick up a lot of stuff,” as the area was “nice and secluded.” DeAnda suggested a busier place, the parking lot at Dominick’s at the corner of York and Grand. The two agreed to meet there at about 8:30. They also agreed on the sale of two ounces of cocaine for “the same amount,” in DeAnda’s words, with defendant adding, “when you can go for more then we’ll see what happens.”

When the two met as planned that evening, defendant handed DeAnda a rolled-up T-shirt; DeAnda unrolled it and found two bags, each containing one ounce of cocaine. DeAnda mistakenly handed defendant $1,900, and defendant gave back the extra $100. DeAnda showed defendant the “sewing machine” and silencer, which the two examined and discussed. Defendant told DeAnda he wanted to talk to a friend to make sure that it was legal; apparently reassured that it was, he counted out $1,000 for the gun. DeAnda informed him, however, that his friend would not sell the gun except as part of a “package deal” including 25 pounds of marijuana at $800 per pound. Defendant said that he would need to see a sample of the marijuana. DeAnda asked if defendant could trade cocaine for marijuana; defendant replied that he probably could do so at a good price and would talk to his source.

Defendant paged DeAnda Thursday evening, July 20. DeAnda called back the same number as before. The conversation was not recorded, DeAnda testified, because he had not brought his recording equipment home with him. Defendant told DeAnda he needed a sample of marijuana to test for quality; DeAnda replied that he would check with his source. Defendant agreed to get back in touch the next day.

Defendant’s number 58 activated DeAnda’s pager the next day; DeAnda called at about 6:50 p.m. Anderson told him to call back.

DeAnda called back Friday, July 22, and Anderson told him that defendant had told her to call DeAnda to find out if “he could get a sample” and if DeAnda could “do it tonight.” Defendant then spoke to DeAnda, explaining that he had paged the latter about a dozen times the previous evening, as planned, but had gotten no answer. DeAnda related that his source had shown him the marijuana and had agreed to let defendant examine it and sample some. The two discussed, at some length, possible deals; defendant eventually informed DeAnda that his source was interested in a “straight up trade” of 25 ounces of cocaine for 25 pounds of marijuana.

Defendant also asked about the “sewing machine.” DeAnda offered to sell it for $900, but agreed to bring the price down to $800. DeAnda said he would let defendant sample the marijuana; defendant replied that he wanted to be cautious because his source had been telling him that there was some “stuff” going around that looked and smelled good but would not “get you to where you want to go.” The two negotiated some more, with DeAnda offering to add some cash if defendant would come up with a kilogram (36-ounce) “brick” of cocaine. Each agreed to discuss matters with his source.

Defendant paged DeAnda a few minutes later. DeAnda called back and told defendant that his source wanted a simple “straight up” deal. Defendant agreed.

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People v. Martin, 580 N.E.2d 575, 219 Ill. App. 3d 1064, 162 Ill. Dec. 612, 1991 Ill. App. LEXIS 1806 (Ill. Ct. App. 1991).

580 N.E.2d 575 (People v. Martin) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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