People v. McCain

617 N.E.2d 1294, 187 Ill. Dec. 573, 248 Ill. App. 3d 844, 1993 Ill. App. LEXIS 1185
CourtAppellate Court of Illinois
DecidedAugust 5, 1993
Docket2 — 92—0942
StatusPublished
Cited by58 cases

This text of 617 N.E.2d 1294 (People v. McCain) 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. McCain, 617 N.E.2d 1294, 187 Ill. Dec. 573, 248 Ill. App. 3d 844, 1993 Ill. App. LEXIS 1185 (Ill. Ct. App. 1993).

Opinion

JUSTICE DOYLE

delivered the opinion of the court:

Defendant, Robert F. McCain, entered a plea of guilty in the circuit court of Kane County to one count of possession of a controlled substance containing cocaine with intent to deliver in an amount of more than 15 but less than 100 grams (Ill. Rev. Stat. 1991, ch. 56½, par. 1401(a)(2)(A) (now 720 ILCS 570/401(a)(2)(A) (West 1992))) and was sentenced to 13 years’ imprisonment. Defendant filed a timely appeal from his sentence, asserting that the trial court abused its discretion by considering improper factors in aggravation and failing to give proper weight to defendant’s rehabilitative potential.

The facts relevant to the issues are as follows: As the result of an ongoing investigation involving agents for the Federal Drug Enforcement Agency and local police personnel, defendant was arrested on January 20, 1991. At the time of his arrest, defendant was in possession of two handguns, an electronic pager, a cellular telephone, approximately $550, and a clear plastic baggie wrapped in masking tape. The baggie contained two separate packages of a white powdery substance weighing 305.5 and 626.3 grams, respectively. The substance in each package was determined to be cocaine. A plea agreement was reached that allowed defendant to enter an open plea to the charge of possessing, with intent to deliver, between 15 and 100 grams of a controlled substance containing cocaine, but permitting the State to argue the actual amount of cocaine seized as an aggravating factor. All other charges were dismissed pursuant to the plea agreement.

The State called Officer Wayne Biles of the Aurora police department to testify at the sentencing hearing. Biles described his involvement in defendant’s arrest. Biles stated that, in his capacity as an undercover narcotics investigator, he had experience in purchasing cocaine. He stated that cocaine commonly sold on the street at $100 a gram. Biles testified that electronic pagers and cellular phones were used by drug dealers and their clients as a form of communication.

After his arrest, defendant was interrogated by Biles and a Federal drug enforcement agent. Defendant stated that he purchased his cocaine from Marcos Martinez, and in the past he had purchased cocaine in amounts between three ounces (approximately 84 grams) and 250 grams. Defendant stated that he and Martinez had planned to deliver five kilograms of cocaine during the previous week at a price of $29,500 per kilogram, but that for some reason the delivery did not occur. Defendant also told Biles that Martinez had a deal pending to receive 100 kilograms of cocaine from his “source.” Defendant described the car driven by Martinez’ drug source and stated that it had a secret compartment. Biles testified that drug dealers had been known to use secret compartments in cars to store cocaine. Defendant also admitted that he was approached by an individual named David Catalano who wanted to sell cocaine for him. Biles stated that defendant was cooperative with the investigation and had provided names of people involved in narcotics transactions.

Biles testified that it was common for cocaine to be “stepped on” (i.e., mixed or “cut” with other material to make its volume larger) as it passed from a source to the street. This commonly happened three times before the drugs were sold on the street. Based upon this fact, Biles stated that the street value of the cocaine seized, assuming it had been sold in one-gram amounts, could range from approximately $90,000 to three times that much depending upon how many times it had already been “stepped on.” The court noted that recent testimony presented to it by experts had led it to believe that the wholesale price of a kilogram of cocaine ranged from $25,000 to $28,000. Biles responded that his experience was limited to smaller drug sales, basically $100-per-gram transactions, and his estimate of the street value of the cocaine seized was based upon that experience.

Lisa Martin testified that she has known defendant for 12 to 13 years, and she had been engaged to marry defendant since Christmas of 1987. She testified that defendant was an insurance salesman during the previous year or two. He did not wear extravagant jewelry or clothes. Martin stated that she had never seen defendant with a lot of money at his disposal, but she heard people say he had it, and she would say he did. She testified that just prior to his arrest, defendant had changed into a different person, and she had stopped coming around because she didn’t like that person. Martin admitted that she had an idea that he was selling drugs based on rumors and what other people told her. Martin stated that since defendant had been incarcerated she noticed a change in his personality. She described him to “be more loving” and noted that he had taken up religious practices. She admitted that defendant’s change of heart could possibly be motivated by the fact that he was facing a prison sentence.

Sarah McCain, defendant’s mother, testified that defendant has always lived at home with her and his father. She stated that prior to his arrest he was selling insurance, stocks, and bonds. He would pay the phone bill, rent, and some of the other household expenses. Sarah McCain testified that defendant did not live an extravagant lifestyle, nor did she regard him as having large amounts of money. She admitted her knowledge that defendant had a gun.

Luther Roberts, who was employed by both Caterpillar and as a pastor in Amboy, testified that he had known defendant since about 1969. He stated that defendant and his family previously attended his church. Since March 1991, Roberts had visited defendant in jail 10 to 15 times, and he had talked with him about religious matters on many occasions. Roberts stated that he initially saw a lot of bitterness in defendant’s demeanor but after a few visits he saw “a hundred-eighty degree turnaround,” and they began reading and studying together. Roberts stated that he believed defendant should be released because he had paid for what he had done. Roberts admitted that he did not know the extent of defendant’s drug-dealing activities.

Defendant testified that on the day of his arrest, he had followed an individual named Ron White to the house of another individual known as Bob. Bob was a friend of White’s. Defendant brought about 300 grams of cocaine with him that he had received from Martinez. He stated that he had never made such a large purchase in the past, but he usually purchased about three ounces of cocaine at a time every two or three weeks. At the house, White mixed cocaine with a powder they had obtained from a local health food store. Defendant said this was done to increase the weight of the cocaine. Defendant testified that he was going to sell the cocaine to White and that White had increased the cocaine because his purchaser, an individual named Jack Mann, would buy only in kilogram amounts. Defendant said that he gave White approximately 300 grams of cocaine to be mixed with the powder.

Defendant admitted that he had been selling drugs for about six to nine months. He stated he always sold cocaine by the gram, rather than in larger amounts. Defendant stated that his customers were his friends, and he would charge them $50 a gram. He denied ever selling in kilogram amounts.

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Cite This Page — Counsel Stack

Bluebook (online)
617 N.E.2d 1294, 187 Ill. Dec. 573, 248 Ill. App. 3d 844, 1993 Ill. App. LEXIS 1185, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mccain-illappct-1993.