People v. Rose

894 N.E.2d 156, 384 Ill. App. 3d 937, 323 Ill. Dec. 597, 2008 Ill. App. LEXIS 861
Appellate Court of Illinois·Decided August 13, 2008·No. 2-06-0940·Published·Cited by 26 cases

Opinion

JUSTICE BOWMAN

delivered the opinion of the court:

Pursuant to a partially negotiated plea agreement, defendant, Stuart W. Rose, pleaded guilty to intent to manufacture a controlled substance (720 ILCS 570/401(a)(6.6)(B) (West 2000)). In exchange, the State nol-prossed two other drug charges against him. The trial court sentenced defendant to 14 years’ imprisonment. On appeal, defendant argues that at sentencing the trial court (1) improperly considered evidence that was suppressed in a prior case against him, and (2) failed to adequately consider mitigating factors. We affirm.

I. BACKGROUND

On August 16, 2001, defendant was charged with intent to manufacture a controlled substance (720 ILCS 570/401(a)(6.6)(B) (West 2000)); unlawful possession of a controlled substance with intent to deliver (720 ILCS 570/401(c)(6.5) (West 2000)); and controlled substance trafficking (720 ILCS 570/401.1(a) (West 2000)). During discovery, defendant sought to obtain the names of informants to support an entrapment defense. The State argued that the sole informant had only provided defendant with an undercover officer’s pager number. The parties initially agreed that defendant would provide a list of people whom he was living with and had befriended. The State would then provide the trial court with the informant’s information for an in camera inspection, and the trial court would determine whether disclosure was required based on an entrapment defense. However, the State later moved to reconsider, arguing that, because defendant was claiming that the informant could have been one of many people, he was on a “fishing expedition.” The trial court denied the State’s motion. After the State refused to provide the informant’s information to the trial court, the trial court granted defendant’s motion to dismiss the indictment. On appeal, this court held that defendant had not met his burden of showing that disclosure of the informant’s identity was necessary to prepare his defense. People v. Rose, 342 Ill. App. 3d 203, 206-07 (2003). We reversed the trial court’s ruling and remanded the case for further proceedings. Rose, 342 Ill. App. 3d at 207.

On remand, defendant supplied further details of how particular people induced him to commit the crimes with which he was charged, and he renewed his request for an in camera inspection of the informant’s information. The trial court ordered an in camera inspection of the informant’s file. Thereafter, it granted in part defendant’s motion to disclose, allowing defendant to use the informant’s name solely in the preparation of his case.

On February 2, 2006, the parties presented a partially negotiated plea agreement to the trial court. In exchange for defendant pleading guilty to intent to manufacture a controlled substance, the State would nol-pros the remaining charges. The trial court accepted the plea agreement and continued the matter for sentencing.

Defendant’s sentencing hearing took place on May 23, 2006. The State asked that the trial court take judicial notice that the codefendant in this case, Jeremy Doucette, had entered a fully negotiated plea agreement under which he was sentenced to eight years’ imprisonment. As part of his plea agreement, Doucette was obligated to testify truthfully against defendant.

The parties agreed to the admission of tapes of recorded conversations between defendant and the undercover officer. The State then called Officer Paul Nevara of the Lombard police department as a witness. Nevara testified that on October 29, 1998, he was assigned to the Du Page Metropolitan Enforcement Group, a narcotics task force team. On that day, the team was working with the Glen Ellyn police department regarding a methamphetamine laboratory in defendant’s apartment.

At this point in the testimony, the defense objected. Defense counsel pointed out that the evidence about the 1998 laboratory pertained to prior charges against defendant. He argued that the evidence was inadmissible because it had been suppressed due to the police officers’ failure to obtain defendant’s consent before entering his apartment, in violation of his fourth amendment rights. The State countered that, even if the evidence was inadmissible for a trial, it was admissible at a sentencing hearing. The trial court overruled defendant’s continuing objection and allowed testimony regarding the 1998 incident into evidence.

Based on the factors in aggravation and mitigation, the trial court sentenced defendant to 14 years’ imprisonment. The trial court stated that it would have given defendant a greater sentence if not for the mitigation factors and defendant’s own statement. The trial court subsequently denied defendant’s motion to reconsider, and defendant timely appealed.

II. ANALYSIS

A. Consideration of Suppressed Evidence

Defendant first argues that at sentencing the trial court improperly considered in aggravation evidence that had been suppressed in a prior case against him. Defendant argues that the trial court’s allowance of this evidence was improper (1) based on collateral estoppel, (2) based on the fourth amendment exclusionary rule, and (3) because the evidence was otherwise unreliable. We examine each of these contentions in turn.

Collateral estoppel, a component of double jeopardy, provides that, where there is a valid, final judgment determining an issue of ultimate fact, the same parties cannot litigate the same issue in a future case. People v. Slywka, 365 Ill. App. 3d 34, 41 (2006). Collateral estoppel applies where: (1) the issue decided in the prior suit is identical to the one presented in the current suit; (2) the prior suit contained a final judgment on the merits; and (3) the party against whom estoppel is asserted was a party to or was in privity with a party to the prior suit. Slywka, 365 Ill. App. 3d at 41. The applicability of collateral estoppel is a question of law, which we review de novo. People v. Powell, 349 Ill. App. 3d 906, 909 (2004).

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People v. Rose, 894 N.E.2d 156, 384 Ill. App. 3d 937, 323 Ill. Dec. 597, 2008 Ill. App. LEXIS 861 (Ill. Ct. App. 2008).

894 N.E.2d 156 (People v. Rose) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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