People v. Sanchez

873 N.E.2d 509
CourtAppellate Court of Illinois
DecidedAugust 3, 2007
Docket1-05-2174
StatusPublished
Cited by2 cases

This text of 873 N.E.2d 509 (People v. Sanchez) 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. Sanchez, 873 N.E.2d 509 (Ill. Ct. App. 2007).

Opinion

873 N.E.2d 509 (2007)

The PEOPLE of the State of Illinois, Plaintiff-Appellee,
v.
Ramiro SANCHEZ, Defendant-Appellant.

No. 1-05-2174.

Appellate Court of Illinois, First District, Fifth Division.

August 3, 2007.

Office of the State Appellate Defender, Chicago (Michael J. Pelletier, Carolyn R. Klarquist, of counsel), for Appellant.

Cook County State's Attorney, Chicago (Richard A. Devine, James e. Fitzgerald, Mary P. Needham, Ljubica D. Popovic, of counsel), for Appellee.

Justice GALLAGHER delivered the opinion of the court:

A jury found defendant, Ramiro Sanchez, guilty of possession of a controlled substance with intent to deliver. Defendant was sentenced to 15 years in prison. One issue is raised on appeal: whether the State proved beyond a reasonable doubt that defendant knowingly possessed nearly five kilograms of cocaine.

*510 BACKGROUND

The parties do not dispute the relevant facts. At trial, the evidence showed that police officers had established surveillance of a house after receiving information from a confidential informant. The informant proffered several pieces of information, including a description of a man named "Edgar" who recently received 200 kilograms of cocaine, the address of Edgar's house, and a description of a red SUV being used to transport the cocaine. During the surveillance of the house, police observed a man ("the middleman") approach the house at approximately 6 p.m. on May 7, 2003. A man, matching Edgar's description, opened the door. The middleman stepped inside and emerged after about 10 minutes, carrying a white box. The box was sealed with duct tape. Written on the box were the words: "Coconut Juice." The middleman placed the box into the red SUV and drove away.

In an unmarked car, members of the surveillance team followed the middleman to a grocery store parking lot at 2140 North Western Avenue. The officers observed the middleman exit the SUV, talk on a cellular telephone, reenter the vehicle and talk on the telephone again. Within minutes, at about 6:30 p.m., a white Ford Thunderbird, driven by defendant, entered the parking lot. He positioned the Thunderbird such that the trunk of the car was backed up to the front of the red SUV. The trunk of the Thunderbird popped open, and defendant exited the car. Defendant's wife stayed inside the car.

The middleman handed the white box with duct tape to defendant. The middleman and defendant shook hands. Defendant put the box in the trunk of the Thunderbird, reentered the car, and drove out of the parking lot. The police followed defendant and called ahead for a marked "beat" police car to stop the Thunderbird.

Within minutes a beat car had pulled the Thunderbird over and members of the surveillance team began talking with defendant. The police officers completed a blank consent-to-search form, identifying the Thunderbird as the target of the search, and showed it to defendant. Defendant cooperated with the officers, signed the form, and gave the officers the car keys. The officers opened the trunk and then opened the sealed box, revealing what was later determined to be 4,987.5 grams of 83% pure cocaine with a street value of $2.49 million.

The officers advised defendant of his Miranda rights and took him to the police station, where they again advised him of his Miranda rights. During their interviews, defendant told the officers that a man named "Jose" sent him to the parking lot to retrieve the box. Defendant was to deliver the box to the area of 47th and Paulina, in Chicago, at which time defendant would receive $3,000.

Defendant was charged with possession of a controlled substance with intent to deliver. Upon a jury finding of guilty, defendant was sentenced to 15 years in prison. Defendant appeals.

ANALYSIS

Defendant raises only one issue on appeal: whether the State proved beyond a reasonable doubt that defendant knew that the box recovered from his car's trunk contained cocaine. Upon review, the question before the court is whether "any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt, viewing the evidence in the light most favorable to the State." People v. Ortiz, 196 Ill.2d 236, 259, 256 Ill.Dec. 530, 752 N.E.2d 410 (2001). A reviewing court may not disturb the fact finder's determination, here, the jury's determination, unless "the evidence is so palpably *511 contrary to the verdict or so unreasonable, improbable or unsatisfactory as to create a reasonable doubt as to guilt." People v. Eiland, 217 Ill.App.3d 250, 260, 160 Ill.Dec. 231, 576 N.E.2d 1185 (1991); see also Ortiz, 196 Ill.2d at 259, 256 Ill. Dec. 530, 752 N.E.2d 410. However, a reviewing court does not retry a defendant. People v. Hodogbey, 306 Ill.App.3d 555, 559, 239 Ill.Dec. 775, 714 N.E.2d 1072 (1999). The jury must evaluate the evidence and witnesses' credibility, resolve any conflicts therein and draw reasonable inferences therefrom. Ortiz, 196 Ill.2d at 259, 256 Ill.Dec. 530, 752 N.E.2d 410. Although a jury's findings are not conclusive, they are owed great deference. Ortiz, 196 Ill.2d at 259, 256 Ill.Dec. 530, 752 N.E.2d 410.

Here, the jury found defendant guilty of possession of a controlled substance, namely cocaine, with intent to deliver. That finding requires the State to prove three elements beyond a reasonable doubt: (1) defendant either actually or constructively possessed the cocaine, (2) defendant had knowledge that the cocaine was present, and (3) defendant intended to deliver the cocaine. 720 ILCS 570/401 (West 2004); People v. Robinson, 167 Ill.2d 397, 407, 212 Ill.Dec. 675, 657 N.E.2d 1020 (1995). Defendant challenges only the State's proof of his knowledge that the sealed box contained cocaine. Accordingly, we shall discuss only the knowledge element.

Knowledge is usually proved by circumstantial evidence because it can rarely be shown by direct proof. Ortiz, 196 Ill.2d at 260, 256 Ill.Dec. 530, 752 N.E.2d 410; People v. Smith, 288 Ill.App.3d 820, 824, 224 Ill.Dec. 98, 681 N.E.2d 80 (1997). Knowledge may be proved by presenting sufficient evidence from which a jury may reasonably infer that the defendant knew of the controlled substance's existence at the place officers found it, including acts, conduct or statements (see Ortiz, 196 Ill.2d at 260, 256 Ill.Dec. 530, 752 N.E.2d 410; Smith, 288 Ill.App.3d at 824, 224 Ill.Dec. 98, 681 N.E.2d 80; People v. Bell, 53 Ill.2d 122, 126, 290 N.E.2d 214 (1972)), and the surrounding facts and circumstances (Eiland, 217 Ill.App.3d at 260, 160 Ill.Dec.

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873 N.E.2d 509, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sanchez-illappct-2007.