People v. Salazar

672 N.E.2d 803, 284 Ill. App. 3d 794, 219 Ill. Dec. 950, 1996 Ill. App. LEXIS 783
CourtAppellate Court of Illinois
DecidedOctober 21, 1996
Docket1-95-1895
StatusPublished
Cited by4 cases

This text of 672 N.E.2d 803 (People v. Salazar) 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. Salazar, 672 N.E.2d 803, 284 Ill. App. 3d 794, 219 Ill. Dec. 950, 1996 Ill. App. LEXIS 783 (Ill. Ct. App. 1996).

Opinion

JUSTICE BUCKLEY

delivered the opinion of the court;

Following a jury trial, defendants, Marco Salazar and David Corral, were found guilty of the delivery of a controlled substance. Defendant Marco Salazar was also found guilty of possession of a controlled substance. The State later nol-prossed Salazar’s possession count, and defendants were sentenced to 25 years in the Illinois Department of Corrections.

Defendants raise several issues on appeal. However, because we find the State did not prove beyond a reasonable doubt that defendants were not entrapped, we do not address defendants’ remaining arguments.

BACKGROUND

The following testimony was elicited at trial. Detective Oscar Aguilara testified that in November 1992, he was working in the organized crime intelligence section of the Chicago police department. At that time, he was contacted by Rebecca Hernandez, to whom he had been introduced by a paid informant, Eva Cervantes. Detective Aguilara testified that when he met Hernandez he posed as a drug dealer and was not in uniform. Hernandez told Detective Aguilara that she knew an individual from Durango, Mexico, who could acquire a kilogram of cocaine. Detective Aguilara testified that Durango was a known drug source. Hernandez was not paid for this information, although Detective Aguilara testified that Cervantes was paid for the information in this case.

According to Detective Aguilara, on December 26, 1992, someone beeped him and when he returned the call, Corral answered the phone. During this conversation Corral agreed to sell Aguilara one kilogram of cocaine on December 29. Detective Aguilara testified that Corral set the price at $22,000, and the price of cocaine at that time in Chicago was between $19,000 and $24,000 per kilogram. Corral did not phone Detective Aguilara on December 29. When Detective Aguilara phoned Corral, Corral told him that he was unable to get the cocaine. Detective Aguilara told Corral that he had the money and that Corral should call him when he had the drugs.

Detective Aguilara stated that on January 3, 1993, Corral phoned Detective Aguilara. They agreed to meet on January 6, at 11:00 a.m. at a motel located at 920 West Foster Avenue for the exchange. Detective Aguilara confirmed the price of $22,000, and they discussed the quality of the cocaine. Detective Aguilara told Corral that he would have another person with him and they would be driving a red Chevrolet Lumina Van. Corral stated that he would be in a blue Pontiac.

Detective Aguilara further testified that they met at the motel as planned. Detective Aguilara and his partner, Detective Colon, parked the van next to defendants’ car and they exchanged greetings. Detective Aguilara then asked the defendants if they wanted to get in the van. Upon entering the van, Detective Aguilara introduced Detective Colon as his partner and they exchanged greetings again. Defendants then asked to see the money, and Detective Aguilara reached into a brown paper bag and handed Corral a bundle of bills. Corral started to count the money, and Detective Aguilara handed Corral a second bundle and asked to see the cocaine. Corral instructed Salazar to give Detective Aguilara the cocaine. Salazar pulled a plastic bag out of his jacket and handed it to Detective Aguilara, who then gave it to Detective Colon.

At this point, Detective Aguilara signaled the surveillance officers, who came and arrested both defendants. The officers found additional cocaine folded inside a $5 bill on Salazar. Detective Aguilara explained that drug dealers often carry a sample of cocaine if the buyer needs to confirm the quality. Detective Aguilara also stated that neither defendant ever indicated that he did not want to make the transaction. However, defendants also did not indicate that they would like to engage in further transactions with Detective Aguilara.

The parties stipulated that the package defendant Salazar handed to the detectives was 91.1% pure cocaine, weighing 975.9 grams. The cocaine Salazar had inside the $5 bill was .11 grams of 95% pure cocaine.

Chicago police officer Richard Sanchez was qualified as an expert in the field of cocaine distribution and packaging. He testified that in order to get a kilogram of cocaine, a person had to know somebody in the narcotics business and gain their confidence. Officer Sanchez testified that only a distributor of cocaine, someone with access to multiple kilograms, would be able to sell kilogram quantities of 91% pure cocaine. He stated this would only be possible for people who are inside a drug organization.

The defense called Rebecca Hernandez to testify. Hernandez stated that she worked at Fairplay Foods grocery store with defendants during December 1992 and January 1993. She also worked with a confidential informant, Eva Cervantes, during that time. Cervantes told Hernandez that she worked for the government, and if Hernandez could provide her with names of narcotics dealers, she would give her one half of the money she received. Hernandez testified that she approached defendants in December 1992 and asked them if they knew anyone who sold drugs. "When she asked Corral, he appeared shocked and surprised. She asked defendants a total of 10 or 11 times about obtaining drugs. Hernandez stated that defendants did not agree to produce drugs the first 10 times she asked and Cervantes told her to push harder. Defendants finally told Hernandez that they would look for drugs for her.

Hernandez further testified that Cervantes wanted to meet defendants and the two of them met with Corral in the parking lot of Fairplay Foods. She stated that, at this time, Corral agreed to make a drug transaction, but he did not go through with it. Hernandez testified that prior to approaching defendants, she never saw them use, sell, or talk about drugs.

On cross-examination, Hernandez testified that defendants were not friends or neighbors. They were co-workers, and she did not spend time with them socially. She stated she had never been arrested and no one offered to help her with a pending case in exchange for the information. Hernandez stated that in December 1992 and January 1993, she did not know Detective Aguilara was a Chicago police officer, but she did know he worked for the government and thought he worked with the Drug Enforcement Agency. Hernandez stated that she told defendants that Detective Aguilara was upset about the failure of the December 29 transaction after her mother told her that he was upset. She explained that her mother was also an informant working for Detective Aguilara. However, Hernandez was not working as an informant at that time.

Defendant Corral also called Donna Schwarz and John Martinez to testify. Schwarz testified that she was defendant’s counselor at Farragut High School for four years. Defendant was a good student, who graduated in the top 10% of his class, and he was a "very truthful individual,” in her opinion. At the time of trial, Martinez was the assistant director for Hispanic programs at Chicago State University. He testified that he met Corral in the fall of 1992 and that he knew him to be truthful. Martinez also stated on cross-examination that he was not a social friend of defendant and did not see him outside of school.

Defendant Salazar testified on his own behalf.

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Cite This Page — Counsel Stack

Bluebook (online)
672 N.E.2d 803, 284 Ill. App. 3d 794, 219 Ill. Dec. 950, 1996 Ill. App. LEXIS 783, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-salazar-illappct-1996.