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05/29/87 the People of the State of v. Robert J. Harrison

May 29, 1987

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE

v.

ROBERT J. HARRISON, DEFENDANT-APPELLANT



APPELLATE COURT OF ILLINOIS, SECOND DISTRICT

508 N.E.2d 1226, 156 Ill. App. 3d 39, 108 Ill. Dec. 649 1987.IL.719

Appeal from the Circuit Court of Lake County; the Hon. Charles F. Scott, Judge, presiding.

APPELLATE Judges:

JUSTICE NASH delivered the opinion of the court. HOPF and WOODWARD, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE NASH

After entering a plea of guilty to the offense of unlawful delivery of a controlled substance (Ill. Rev. Stat. 1985, ch. 56 1/2, par. 1401(a)), defendant, Robert Harrison, was fined $8,000 and sentenced to a term of 10 years' imprisonment. He appeals, contending the court erred in considering the profit he was to receive from the sale of cocaine as an aggravating factor in imposing sentence.

At the sentencing hearing, Special Agent Lawrence Oliver of the Lake County Metropolitan Enforcement Group testified that defendant offered to act as a middleman and sell Oliver four ounces of cocaine for $8,000. Defendant was to retain $800 of the purchase price for the transaction. Defendant delivered the cocaine to Oliver on March 12, 1985, and was placed under arrest.

Officer Richard Davies of the Vernon Hills police department testified that on November 28, 1984, defendant had been arrested for driving a stolen motor vehicle and possession of cocaine. He stated that defendant subsequently attempted to bribe Davies and another officer by first offering them the drugs and then offering them $10,000 to dispose of the narcotics. Defendant was out on bond from these offenses when the incident underlying the present conviction occurred.

Officer James Wilson of the Northbrook police department testified that on February 18, 1985, he was off-duty in a tavern and defendant struck him with a pistol in the face. He stated that he did not report the incident or press charges against defendant.

The State also admitted an evidence deposition of Kenneth Odom which stated that Odom was struck by defendant in a Baton Rouge, Louisiana, tavern where defendant was working as a bouncer in 1983. Defendant subsequently pleaded guilty to the offense of battery and was placed on two years' probation. He was still on probation at the time of the present offense.

The State further offered into evidence a report by Karen Purves, a drug counselor, which stated that defendant demonstrated a psychological addiction to alcohol and drugs, had a history of involvement in violent activities, and did not evidence a readiness to be involved in a treatment program.

Dr. Sharon Strauss, a clinical psychologist, testified for defendant and stated that defendant's alcohol and cocaine addictions had led him to engage in criminal conduct despite the fact that he did not have a criminal personality. She concluded that defendant was highly motivated for drug treatment and had an excellent potential for rehabilitation. Tony Lindsey, a drug prevention coordinator, testified that defendant had participated regularly in a weekly drug education group and had an excellent chance of rehabilitation.

Henry Reed, an assistant jail superintendent at Lake County jail, testified that defendant had been a model prisoner during his 10-month incarceration and was selected as a jail trustee. Betty Lindquist, a probation officer, testified with respect to defendant's award-winning high school, collegiate and semiprofessional football career.

Defendant also offered into evidence a report by Dr. Leon Goldman, which stated that it was probable a drug rehabilitation program and psychotherapy would succeed in rehabilitating defendant. Also admitted into evidence were letters from a prison chaplain, an attorney acquainted with defendant, and defendant's high school coach which ...


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