People v. Wilkins

625 N.E.2d 167, 252 Ill. App. 3d 646, 192 Ill. Dec. 207, 1993 Ill. App. LEXIS 1297
CourtAppellate Court of Illinois
DecidedAugust 26, 1993
DocketNo. 1-91-0913
StatusPublished
Cited by2 cases

This text of 625 N.E.2d 167 (People v. Wilkins) 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. Wilkins, 625 N.E.2d 167, 252 Ill. App. 3d 646, 192 Ill. Dec. 207, 1993 Ill. App. LEXIS 1297 (Ill. Ct. App. 1993).

Opinion

JUSTICE JOHNSON

delivered the opinion of the court:

Defendant, Darrell Wilkins, was tried separately but simultaneously with two codefendants in the circuit court of Cook County. Following defendant’s bench trial, he was convicted of delivery of a controlled substance (111. Rev. Stat. 1987, ch. 5Q1k, par. 1401(a)(2)), and sentenced to a prison term of 1 &-I2. years. On appeal, defendant contends (1) the trial court erred in denying his pretrial motions; (2) the trial court improperly denied his motion for a continuance; (3) he was not proved guilty beyond a reasonable doubt; (4) the trial court improperly admitted hearsay evidence; and (5) he was prejudiced by the State’s failure to disclose that the informant had been paid.

We affirm.

At trial, police officer Claude Kaysen testified that on December 29, 1988, he was working in an undercover capacity when he met defendant at a restaurant to discuss a drug transaction. When defendant arrived at the restaurant, confidential police informant Steve Bouchet, also known as Steve Glover, introduced Kaysen to defendant as “Jeff.” After exchanging greetings, defendant informed Kaysen that he was carrying two kilos of cocaine inside his coat. Kaysen suggested defendant find something else to carry the cocaine in, after which defendant made a telephone call and then left the restaurant. When defendant returned moments later carrying a plastic bag, he and Kay-sen began discussing the purchase price.

Defendant stated that his father, who owned the cocaine, wanted $20,000 per kilo. He also stated that if the transaction went smoothly, Kaysen could purchase cocaine for $15,000 per kilo in the future. Rejecting defendant’s offer, Kaysen suggested that defendant arrange a lower purchase price. Defendant made another call using Kaysen’s mobile telephone and spoke with someone about the price. Subsequently, defendant and Kaysen went to the bathroom where they tested the cocaine. Defendant and Kaysen later left the restaurant and met on a street corner two blocks away. There Kaysen told defendant he was not ready to make the purchase and the two exchanged telephone numbers before leaving.

On January 3, 1989, Kaysen spoke with defendant twice by telephone concerning the drug buy; however, they could not agree upon a price. During one of these conversations, defendant discussed the sales price with his father and, according to Kaysen, he overheard defendant’s father ask defendant, “how do you know that he’s [Kay-sen] not the police working undercover?” Kaysen unsuccessfully attempted to contact defendant two days later but learned that defendant’s telephone had been disconnected.

On January 23, 1989, defendant contacted Kaysen and the two agreed to meet at a restaurant later that afternoon. The informant was also present at this meeting. At the restaurant, Kaysen asked defendant about his whereabouts since their last meeting. Defendant stated he had been in Florida conducting cocaine business with his father. After some discussion, defendant told Kaysen the cocaine would cost $23,000 per kilo. Kaysen agreed, but said he needed time to get more money. Defendant said he would contact Kaysen on his pager once a meeting place had been selected.

Defendant contacted Kaysen later that evening and they agreed to meet in a restaurant parking lot located on South Racine Avenue, in Chicago. When defendant arrived, he approached Kaysen’s car and stated he had to count the money before having the cocaine brought over. Kaysen refused to remove the money from the trunk and the two went inside the restaurant. After some discussion, defendant made a telephone call and then told Kaysen his father would send over the cocaine and notify them by signaling defendant’s pager. When defendant’s pager rang, he and Kaysen went outside to the parking lot.

Once outside, defendant patted Kaysen down for a wire before entering Kaysen’s car. Moments later, defendant exited the car and walked over to a light blue truck parked nearby. Defendant soon returned to Kaysen’s car and made several calls, using Kaysen’s mobile telephone. Thereafter, defendant again exited the car, after which Kaysen, using a police radio, requested that the surveillance vehicle parked across the street be moved as defendant indicated that he thought it was a police vehicle.

Moments later, defendant returned to the gas station across the street, riding in the blue truck which was followed by a brown car. Defendant and his codefendants exited the two vehicles and stood talking at the gas station. Then, defendant and a codefendant crossed the street and approached Kaysen’s car. They asked to count the money, but Kaysen refused stating that defendant had already done so. Defendant and the codefendant went back across the street and defendant retrieved a brown bag from the driver of the truck. Defendant entered the brown car, which was then driven across the street and parked near Kaysen’s car. Defendant entered Kaysen’s car and handed him the bag containing two kilos of cocaine. After opening the packages, Kaysen gave the pre-arrest signal and the surveillance officers arrested defendant. The informant was not present when the transaction took place.

Also at trial, defendant’s mother testified that during every weekend in 1988 she lived with defendant and his wife and son in a apartment on Erie Street in Chicago. Likewise, defendant’s wife also testified that she lived with defendant in the same apartment until January 1989. Defendant’s wife and mother each stated that during the latter part of 1988 defendant often received telephone calls from a person named Steve.

In his defense, defendant testified that he met the confidential informant in the fall of 1987. Defendant was unemployed for approximately four months in the beginning of 1988. During this time, the informant told defendant he could earn extra money if he would attend a few parties hosted by the informant and sell drugs to the guests. Defendant refused despite the informant’s repeated requests.

Defendant further testified that in June 1988 he borrowed $450 from the informant. Five months later, after defendant had failed to repay the loan, the informant told defendant the debt had increased to $1,500. In December 1988, the informant told defendant that he would excuse the debt if defendant would find cocaine for him and his brother-in-law. Defendant testified that he contacted his uncle, who agreed to give defendant the cocaine. Defendant met the confidential informant and his brother-in-law, Jeff, at a restaurant later that same night.

Following his bench trial, defendant was found guilty of delivery of a controlled substance. The trial court later denied his motion for a new trial. The trial court sentenced defendant to I6V2 years in the Illinois Department of Corrections. Defendant then filed this appeal.

Defendant first contends that the trial court erred in denying his pretrial motions requesting that the State produce the informant and that the State demonstrate it made a good-faith effort to locate the informant. The State responds that it had no obligation to produce the informant or establish it made a good-faith attempt to locate the informant because defendant failed to establish the need for disclosure.

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635 N.E.2d 700 (Appellate Court of Illinois, 1994)

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Bluebook (online)
625 N.E.2d 167, 252 Ill. App. 3d 646, 192 Ill. Dec. 207, 1993 Ill. App. LEXIS 1297, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-wilkins-illappct-1993.