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06/26/87 the People of the State of v. Carlos Sansorez

June 26, 1987

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE

v.

CARLOS SANSOREZ, DEFENDANT-APPELLANT



APPELLATE COURT OF ILLINOIS, SECOND DISTRICT

510 N.E.2d 150, 156 Ill. App. 3d 986, 109 Ill. Dec. 529 1987.IL.897

Appeal from the Circuit Court of Lake County; the Hon. Bernard E. Drew, Jr., Judge, presiding.

APPELLATE Judges:

JUSTICE UNVERZAGT delivered the opinion of the court. REINHARD and DUNN, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE UNVERZAGT

Defendant, Carlos Sansorez, was convicted of unlawful delivery of a controlled substance (Ill. Rev. Stat. 1985, ch. 56 1/2, par. 1401(c)) and sentenced to nine years' imprisonment. He appeals his sentence, claiming that the trial court considered an improper factor in sentencing. He does not challenge the validity of his conviction.

Defendant was arrested December 18, 1985, along with Miguel Chan, when they delivered cocaine to an undercover police officer. Chan subsequently pleaded guilty and received the minimum sentence of six years in exchange for his testimony against defendant. The undercover officer also testified. At trial, defendant testified that Chan requested defendant to pick up a package which turned out to contain a work glove. The following day, Chan called defendant and told him that they were going to make some money. At Chan's insistence, defendant retrieved the glove and gave it to the officer in exchange for $4,200. Defendant testified he did not realize that the glove contained cocaine.

Defendant was found guilty of unlawful delivery of a controlled substance. At a sentencing hearing on April 16, 1986, the court sentenced him to nine years in the Department of Corrections. At the hearing, the following colloquy occurred:

"THE COURT: The name of the country that you and your cousin come from is what, Belize?

MR. SHORTS (Defense Counsel): Belize. That's former British Honduras. It's on the Caribbean, Your Honor. The area in square miles, 8000; population, 166,000. A very small independent nation. As I say, it was formerly known as British Honduras.

THE COURT: It is known, also, for being a conduit for drug trafficking, too.

MR. SHORTS: If I may say so, I'm not aware of that fact, Your Honor.

THE COURT: Well, I can't prove it, because I haven't been there, and I don't intend to go there, but I have read that in a couple of places, but I don't think it has much bearing here as to same."

From these remarks, defendant concludes that the court based its sentence in part on an improper factor, the ...


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