People v. Reynolds

831 N.E.2d 1103, 358 Ill. App. 3d 286, 294 Ill. Dec. 778, 2005 Ill. App. LEXIS 511
Appellate Court of Illinois·Decided May 24, 2005·No. 5-03-0493 Rel·Published·Cited by 5 cases

Opinion

JUSTICE GOLDENHERSH

delivered the opinion of the court:

Defendant, Jeanyne A. Reynolds, was charged by information with two counts of unlawful manufacture of more than 900 grams of a substance containing methamphetamine (count I and count II) (720 ILCS 570/401(a)(6.5)(D) (West 2000)) and one count of unlawful possession of more than 30 grams of cannabis with intent to deliver (count III) (720 ILCS 550/5(d) (West 2000)). After a stipulated bench trial in the circuit court of Marion County, defendant was found guilty of counts I and III and not guilty of count II and was sentenced to 15 years in the Department of Corrections on count I and 5 years on count III, with the sentences to run concurrently. On appeal, defendant contends as follows: (1) the search warrant was unconstitutional and the items seized should have been suppressed because the place to be searched and the items to be seized were not identified with particularity, the scope was too broad, and the unidentified occupants were arrested and searched, (2) the Class X penalty provisions for unlawful manufacture of a controlled substance containing methamphetamine constitute disproportionate penalties, (3) the length of her sentence should be reduced to that for possession of a nominal amount of methamphetamine because the legislature did not intend to include the mass of incidental by-product or solvent within the definition of “substance containing methamphetamine,” (4) she was not proven guilty beyond a reasonable doubt because the State did not establish that more than a nominal amount of methamphetamine was present in the samples tested at the laboratory, (5) the sentence imposed on count I must be vacated and the cause remanded for resentencing pursuant to section 401(a)(6.5)(A) of the Illinois Controlled Substances Act (720 ILCS 570/401(a)(6.5)(A) (West 2002)), and (6) her conviction for possession of cannabis with intent to deliver should be reduced to simple possession because the State failed to prove the intent-to-distribute element beyond a reasonable doubt. We affirm.

BACKGROUND

On December 20, 2001, a deputy in the Marion County sheriffs department, Mark Rose, received a call from an unknown informant who claimed to have information about a local methamphetamine lab and methamphetamine materials. Deputy Rose took the informant before a judge in order to secure a search warrant. The informant swore that earlier that day he had been at “Roger McCarty’s trailer located approximately 3k of a mile south of the intersection of Kinlou Rd[.] [and] O’Leary Rd.[,] being the 3rd traler [sic] east of O’Leary Rd[.],” where he saw McCarty ingest methamphetamine. The informant farther swore that McCarty had admitted to him that at a prior time he had made methamphetamine at the same location. The judge issued a warrant authorizing a search of “the trailer of Roger McCarty located approximately 3U of a mile south of the intersection of Kinlou Rd[.] [and] O’Leary Rd[.][,] being the 3rd trailer east of O’Leary Rd[.][,] and a camper located in the woods east of the trailer, including outbuildings, motor vehicles [,] [and] occupants” for “the following instrument [sic], articles!,] and things which have been used in the commission of, or which constitute evidence of, the offense of [unlawful possession] of methamphetamine.” The items to be seized included “any and all quantities of methamphetamine[,] records of drug transactions!,] drug paraphernalia!,] [and] United States currency.”

Deputy Rose, accompanied by other sheriffs department officers, served the warrant at approximately 1:45 p.m. that day. Roger McCarty, defendant (who was McCarty’s girlfriend), and McCarty’s teenage son were in the trailer and were detained during the search. The trailer that was searched turned out to be the fourth trailer east of Kinlou Road on O’Leary Road, not the third trailer east of O’Leary Road. Numerous items were seized, including containers of suspected methamphetamine materials, six bottles of pseudoephedrine pills, cannabis seeds, miscellaneous lithium batteries, drug equipment, a set of electronic scales, a one-hitter box, six cans of Coleman fuel, gas masks, and a black locked metal box containing $3,030 and approximately 30 grams of cannabis. Officers arrested defendant, McCarty, and others at the scene.

On December 21, 2001, defendant and McCarty were charged by information with manufacture of less than 5 grams of a substance containing methamphetamine (720 ILCS 570/401(d) (West 2000)), unlawful possession of a methamphetamine chemical with intent to manufacture less than 15 grams of a substance containing methamphetamine (720 ILCS 570/401(d — 5) (West 2000)), and unlawful possession with intent to deliver more than 30 grams but not more than 500 grams of a substance containing cannabis (720 ILCS 550/5(d) (West 2000)). The methamphetamine-manufacturing counts were later amended from Class 2 to Class X felonies as previously set forth.

Defendant and McCarty each filed a motion to suppress the evidence seized during the search on December 20, 2001. Both alleged that the fruits of the search should be suppressed because the search warrant failed to describe with particularity the premises to be searched and the items to be seized. The motions were consolidated for hearing, and a hearing was held.

Deputy Rose was the first witness to testify at the hearing. He said he received a Crime Stoppers call on December 20, 2001. The caller explained that he had information concerning a possible methamphetamine lab and materials for making methamphetamine. Deputy Rose met with the informant. He had not worked with the informant before this incident. The informant told Rose he had been at Roger McCarty’s trailer earlier that morning and had seen McCarty smoking methamphetamine. According to the informant, McCarty admitted making methamphetamine at that location. The informant described the location as “Roger McCarty’s trailer located approximately 3k of a mile south of the intersection of Kinlou Rd[.] [and] O’Leary Rd.[,] being the 3rd traler [sic] east of O’Leary Rd[.][,] and a camper located in the woods east of the trailer.” The informant went before the judge and provided the information under oath. Deputy Rose did not vouch for the informant before the court. The judge issued the warrant and authorized a search of McCarty’s trailer, a camper located in the woods, outbuildings, motor vehicles, and occupants.

Deputy Rose and other sheriff’s department officers served the warrant. The officers secured the people they saw milling around outside the trailer. Allen Keen was arrested because he was sitting outside the trailer. Rita Smith, who was near the trailer, was also arrested. Deputy Rose knocked on the door of the trailer and announced he had a warrant. He waited approximately five seconds, and when no one responded, he entered the trailer. Defendant was in the kitchen. She was escorted from the trailer and detained outside. McCarty was in the shower, and his son was also in the trailer. The minor was taken to his grandfather’s residence.

Deputy Rose spoke with McCarty.

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People v. Reynolds, 831 N.E.2d 1103, 358 Ill. App. 3d 286, 294 Ill. Dec. 778, 2005 Ill. App. LEXIS 511 (Ill. Ct. App. 2005).

831 N.E.2d 1103 (People v. Reynolds) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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