People v. Thomas

609 N.E.2d 1067, 242 Ill. App. 3d 266, 182 Ill. Dec. 533, 1993 Ill. App. LEXIS 282
CourtAppellate Court of Illinois
DecidedMarch 9, 1993
Docket2-92-0093, 2-92-0096 cons.
StatusPublished
Cited by11 cases

This text of 609 N.E.2d 1067 (People v. Thomas) 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. Thomas, 609 N.E.2d 1067, 242 Ill. App. 3d 266, 182 Ill. Dec. 533, 1993 Ill. App. LEXIS 282 (Ill. Ct. App. 1993).

Opinion

JUSTICE DOYLE

delivered the opinion of the court:

Defendants, Jesse Thomas and Claude Thomas, were indicted in the circuit court of Du Page County on one count each of unlawful possession of cannabis with the intent to deliver (111. Rev. Stat. 1989, ch. BeVa, par. 705(e)) and one count each of armed violence (111. Rev. Stat. 1989, ch. 38, par. 33A — 2). Following a jury trial, both defendants were found guilty of both counts. Jesse Thomas was sentenced to three years in prison and a $1,000 fine for unlawful possession and six years for armed violence. Claude Thomas was sentenced to a three-year term of imprisonment and a $1,000 fine on the unlawful possession charge and seven years in prison for armed violence. Both defendants timely appealed, and their appeals have been consolidated.

The following issues are raised on appeal: (1) whether the trial court erred in refusing to instruct the jury on the defense of entrapment as to Claude Thomas; (2) whether Jesse Thomas was proved guilty beyond a reasonable doubt of the unlawful possession of cannabis; (3) whether both defendants were proved guilty beyond a reasonable doubt of armed violence; and (4) whether Jesse Thomas was unduly prejudiced by an officer’s testimony that Jesse admitted being an addict and marijuana user and by the prosecution’s attempt to impeach him with an unsubstantiated prior conviction.

The following facts were adduced at defendants’ trial. Officer Michael Cooke of the Illinois State Police testified that in April 1991 he was assigned to work with the Du Page Metropolitan Enforcement Group (DuMeg) and was involved in undercover narcotics transactions. During the first week of April, Larry Davis (a/k/a Ronald Frost), a paid informant, informed him and other DuMeg officers that he knew of someone who was interested in buying large amounts of cannabis.

On April 19, 1991, at about 8:30 a.m., Officer Cooke’s electronic pager was activated and displayed a telephone number. Cooke called the number, and Claude Thomas answered. Claude told him that he had $10,000 and wanted to purchase 10 pounds of cannabis for $1,000 per pound. Claude also told Cooke that if the stuff was good, Cooke would be his main supplier. At about 11 a.m. that day, Cooke again telephoned Claude Thomas pursuant to Thomas’ page, and Claude told him he was ready to “do the deal.” Cooke told him he would have to obtain the cannabis and that he would get in touch with him later. Cooke called Claude Thomas at about 1 p.m. and arranged to complete the deal at a shopping mall in Oak Brook at 3 p.m. that same day.

A 10-pound bundle of cannabis, wrapped in plastic and placed in a plastic bag, was placed in a vehicle driven by Officer Robert Guerrieri of DuMeg. Cooke, who was equipped with a microphone and recording device, drove with Davis to the designated area of the shopping mall. Guerrieri drove the vehicle containing the cannabis, and other DuMeg agents were also present at the shopping mall for arrest and surveillance purposes.

As Cooke pulled into a parking space in the mall lot, an Oldsmobile driven by Claude Thomas pulled in just to the left of and facing Cooke’s car. Jesse Thomas was in the passenger seat of the Oldsmobile. Guerrieri parked his vehicle eight or nine parking spaces west of Cooke’s car.

Cooke and Davis exited their car, walked over to the driver’s window of the Oldsmobile and exchanged greetings with Claude and Jesse. Cooke told them he had the cannabis but that he wanted to see the money first. Jesse then exited the car and began rummaging or looking around in the trunk. According to Cooke, Jesse was told by Claude to get the $10,000 out of the trunk. The transcript of the tape-recorded conversation that occurred at the Oldsmobile does not indicate that Claude mentioned $10,000 to Jesse. Nor does it contain any reference to cannabis. After Jesse yelled he could not find it, Claude stepped out of the car and yelled that it was under papers and other material. Jesse then obtained a White Castle paper bag from the trunk and got back in the car. Cooke asked to see the money, and Jesse opened the bag and showed him a large quantity of money.

After viewing the money, Cooke told defendants that the cannabis was in another car and that one of them could walk over to the car with him. Claude Thomas exited the car, and he and Cooke went over to Officer Guerrieri’s vehicle. Claude Thomas entered Guerrieri’s vehicle, opened up the bag and looked at the cannabis. In doing so, he actually took the plastic-covered bundle of cannabis out of the bag it was in.

On cross-examination, Cooke admitted that a handgun found in the Oldsmobile was never in the same place as the marijuana. He also admitted that he told Claude that if he did not like the marijuana he did not have to take it. There was also no indication anywhere in the transcript of the recording that Claude ever orally accepted the marijuana or the deal. On redirect examination, Cooke stated that Jesse was present at the Oldsmobile for the entire conversation between himself and Claude.

Officer Robert Guerrieri, another DuMeg agent, testified that he was assigned to transport the cannabis for the transaction on April 19, 1991. He parked his pickup truck about 10 parking spaces from Officer Cooke’s car. He observed Cooke have a conversation with the driver of the Oldsmobile while Cooke stood at the driver’s side window. Shortly thereafter, the passenger exited the Oldsmobile, walked to the trunk and opened it. Claude then left the vehicle and walked towards the trunk. Jesse then shut the trunk and reentered the passenger’s seat with a bag in his hand. Guerrieri identified the bag containing $10,000 seized from the Oldsmobile as the bag Jesse carried from the trunk.

A short while later, Claude and Officer Cooke walked over to Guerrieri’s truck, and Claude sat down in the passenger’s seat of the truck. After exchanging greetings, Claude removed the bundle of cannabis from the plastic bag and held the bundle in his hands. He turned the bundle over in his hands as he looked at it for about 10 to 15 seconds. He did not unwrap the plastic around the bundle. Guerrieri conceded on cross-examination that Claude never said “this is fine with me” or “you got a deal” or “I’ll accept it.” At that point, Cooke activated an arrest signal, and Claude was arrested.

Guerrieri also testified concerning an interview he and Officer Gina Argianis conducted with Claude following his arrest. According to Guerrieri, Claude told him, among other things, that he had been contacted by Jesse regarding the pager number of Officer Cooke who was interested in selling cannabis. Claude related that he obtained a portion of the $10,000 from Jesse. Claude also said that he gave the gun seized in the Oldsmobile to Jesse, and Jesse placed it either in the seat back or between the seats.

Claude agreed to Officer Argianis’ writing out his statement, which Claude then signed. Guerrieri admitted that the written statement contained no specific reference to Jesse giving Claude any money, any reference to the pistol, any reference to Jesse knowing what the purpose of Claude’s trip to Oak Brook was or any reference to Jesse knowing about there being $10,000 in the Oldsmobile. The written statement does, however, refer to the fact that Claude received a beeper number from Jesse.

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Cite This Page — Counsel Stack

Bluebook (online)
609 N.E.2d 1067, 242 Ill. App. 3d 266, 182 Ill. Dec. 533, 1993 Ill. App. LEXIS 282, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-thomas-illappct-1993.