People v. Williams

607 N.E.2d 307, 239 Ill. App. 3d 575, 180 Ill. Dec. 413, 1993 Ill. App. LEXIS 25
CourtAppellate Court of Illinois
DecidedJanuary 14, 1993
DocketNo. 3—92—0325
StatusPublished
Cited by1 cases

This text of 607 N.E.2d 307 (People v. Williams) 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. Williams, 607 N.E.2d 307, 239 Ill. App. 3d 575, 180 Ill. Dec. 413, 1993 Ill. App. LEXIS 25 (Ill. Ct. App. 1993).

Opinion

PRESIDING JUSTICE McCUSKEY

delivered the opinion of the court:

A jury convicted the defendant, Bijou Williams, of unlawful possession of over 15 but less than 100 grams of a controlled substance (111. Rev. Stat. 1991, ch. 56V2, par. 1402(a)(2)(A)). Thereafter, he was sentenced to a six-year term of imprisonment. He appeals, and we affirm the judgment as modified.

The record shows that police officer Bridget Bertrand testified that on August 27, 1991, she was on patrol. While driving south on Interstate 57, she observed a white Pontiac approaching from behind. She saw the Pontiac change lanes several times without using either turn signal. She observed two people in the front seat of the Pontiac. Bertrand also saw the passenger bend down several times and then return to an upright position.

Bertrand stated that she pulled over to the shoulder of Interstate 57 and slowed down enough to let the Pontiac pass her vehicle. At the same time, she observed a white Chevrolet go by her vehicle. Bertrand saw the driver of the Chevrolet hold something up in her direction. She later discovered that the driver of the Chevrolet was John Stambaugh, an off-duty Illinois State trooper.

After pulling back onto Interstate 57, Bertrand drove behind the Pontiac and activated her emergency lights. The driver of the Pontiac did not stop. Bertrand then observed the passenger in the Pontiac throw handfuls of a white powdery substance out the car window. While Bertrand pursued the Pontiac, she saw the Chevrolet continue in front of the Pontiac and then slow down in an attempt to stop the Pontiac. After the three cars had driven about a mile, the Pontiac pulled over. Bertrand pulled her vehicle over and came to a stop behind the Pontiac. Stambaugh then pulled his Chevrolet over and stopped directly in front of the Pontiac.

Bertrand testified that she approached the Pontiac and ordered the driver and passenger to get out. They obeyed and she arrested them. Larry Shannon was the driver of the Pontiac and Williams was the passenger. Bertrand and another officer who had arrived at the scene then searched the front interior area of the Pontiac. They observed white powder on the seat, floor, and the interior areas around the passenger door. She also observed that Williams had white powder on his clothing. Bertrand and Sergeant Donald Yann later collected as much of the white powder as they could from the roadway and the interior of the Pontiac.

State Trooper Stambaugh also testified concerning the traffic stop. Stambaugh stated that he kept his Chevrolet in front of the Pontiac as Bertrand attempted to stop the Pontiac. Stambaugh observed the passenger, Williams, opening bags and throwing a white powdery substance out the car window. The wind blew the substance back into Williams’ face, hair, and shirt, as well as the interior of the Pontiac. Williams then tossed three unopened bags out the car window. The bags burst open upon striking the highway.

Forensic scientist Aurelia Rizo testified that the white substance collected by Bertrand and Yann was determined to be cocaine. Rizo stated there was some debris mixed in with the cocaine. However, she was unable to completely separate the debris from the cocaine. Therefore, the total weight included the weight of the debris. While Rizo could not say how much the debris weighed, she indicated the amount was small. Rizo testified that the entire substance weighed 18.3 grams.

Larry Shannon testified on behalf of Williams. Shannon stated that he was facing the same charge as Williams. However, Shannon said that he had not gone to trial yet, nor had he reached a plea agreement. Shannon testified that as he was driving back from Chicago, he observed a police car attempting to stop him. Shannon then pulled out three bags of cocaine he had hidden in the crotch of his pants. Shannon threw the bags at Williams and told Williams to get rid of them. Williams complied by opening the bags and throwing the contents out the window. Shannon stated that Williams did not know Shannon possessed any drugs before he gave Williams the cocaine. Shannon also testified that Williams was not a drug user.

Based on this evidence, the jury found Williams guilty of possession of a controlled substance.

On appeal, Williams first contends that he was not proven guilty beyond a reasonable doubt of possession of a controlled substance because the State failed to prove that he knowingly and voluntarily possessed the cocaine. He points out that Shannon admitted possessing the cocaine. Also, Williams argues that his possession only occurred involuntarily and momentarily as a result of Shannon telling him to throw the cocaine out the car window. We disagree with Williams’ misplaced logic. The record does not support his conclusion.

To support a conviction for unlawful possession of a controlled substance, the State must prove the defendant had knowledge of the substance and that it was under his immediate and exclusive control. (People v. Strong (1986), 151 Ill. App. 3d 28, 502 N.E.2d 744.) However, possession may also be constructive. Additionally, the rule that possession must be exclusive does not preclude joint possession. People v. Burke (1985), 136 Ill. App. 3d 593, 483 N.E.2d 674.

On appeal, when reviewing a conviction in a criminal case, the court will preserve the trier of fact’s role as weigher of the evidence by viewing the evidence in the light most favorable to the prosecution. The relevant question upon review is whether any rational trier of fact could have found the elements of the crime beyond a reasonable doubt. (People v. Collins (1985), 106 Ill. 2d 237, 478 N.E.2d 267.) Proof beyond a reasonable doubt does not require the exclusion of every possible doubt. We note that as long as the entire chain of circumstances leads to a reasonable certainty that the accused committed the crime, the judgment must be upheld. People v. Stepteau (1986), 142 Ill. App. 3d 400, 491 N.E.2d 821.

After reviewing the evidence in light of the foregoing principles, we conclude that a rational trier of fact could have found Williams guilty as charged. The record shows that Williams, while riding in the car, bent down and came back several times to an upright position. In addition, Williams was seen by two police officers throwing handfuls of cocaine out the car window. Williams also was observed throwing several unopened bags out the window. The bags contained a white substance which broke apart after striking the pavement. Based on this evidence, we find the State clearly established that Williams possessed the cocaine.

Now we review Williams’ contention that Shannon’s testimony proved his possession was involuntary. The jury was free to disregard Shannon’s testimony because the jury was the ultimate trier of fact. The jury’s function is to weigh the evidence and judge the witnesses’ credibility. Here, the jury obviously did not believe Shannon’s version of the story. Rather, the jury believed the State’s evidence, which showed that Williams had possessed the cocaine and threw several unopened bags out the car window.

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627 N.E.2d 729 (Appellate Court of Illinois, 1994)

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Bluebook (online)
607 N.E.2d 307, 239 Ill. App. 3d 575, 180 Ill. Dec. 413, 1993 Ill. App. LEXIS 25, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-williams-illappct-1993.