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The People of the State of Illinois v. Terry Lee Moore

February 17, 2012

THE PEOPLE OF THE STATE OF ILLINOIS,
PLAINTIFF-APPELLEE,
v.
TERRY LEE MOORE,
DEFENDANT-APPELLANT.



Appeal from Circuit Court of McLean County No. 03CF570 Honorable Robert L. Freitag, Judge Presiding.

The opinion of the court was delivered by: Presiding Justice Turner

PRESIDING JUSTICE TURNER delivered the judgment of the court, with opinion.

Justices Steigmann and Appleton concurred in the judgment and opinion.

OPINION

¶ 1 In October 2003, the trial court found defendant, Terry Lee Moore, guilty of criminal drug conspiracy, unlawful delivery of a controlled substance, unlawful possession of a controlled substance with intent to deliver, and unlawful possession of a controlled substance. In February 2004, defendant was sentenced to prison. In September 2010, defendant filed a petition for relief from judgment. In November 2010, the trial court denied the petition.

¶ 2 On appeal, defendant argues (1) he was not required to prove a police officer's false testimony constituted perjury and (2) the trial court erred in finding he was not entitled to a new trial. We affirm.

¶ 3 I. BACKGROUND

¶ 4 In June 2003, the State charged defendant by information with single counts of criminal drug conspiracy (count I) (720 ILCS 570/405.1 (West 2002)), unlawful delivery of a controlled substance (count II) (720 ILCS 570/401(d) (West 2002)), unlawful possession of a controlled substance with intent to deliver (count III) (720 ILCS 570/401(d) (West 2002)), and unlawful possession of a controlled substance (count IV) (720 ILCS 570/402(c) (West 2002)).

¶ 5 In October 2003, defendant's bench trial commenced. Charles Benford testified he was a confidential source for the Bloomington police department. He stated that on June 17, 2003, he called defendant to arrange the purchase of cocaine. Detective John Atteberry gave him $60 to purchase the drugs. Benford agreed to meet defendant at a gas station. When defendant arrived in a car driven by a woman, Benford got into the car. As they drove around, defendant told Benford to choose two bags of drugs. Benford did so, and defendant took the money. After Benford exited the car, he met with Detective Atteberry to hand over the drugs. On cross-examination, Benford stated the police paid him for his drug buys. He was also hoping to get paid for his testimony.

¶ 6 Bloomington police officer Peter Avery testified he searched defendant following his arrest. The search revealed a small plastic bag, identified as exhibit No. 6, that appeared to be cocaine. Avery stated he found no drug paraphernalia on defendant.

¶ 7 Bloomington police detective John Heinlen testified he participated in the stop of the vehicle in which defendant was a passenger and Terry Rembert was the driver. Heinlen stated he searched defendant and found $70 in cash, which he identified as exhibit No. 2. On Rembert's person, Heinlein stated he found $60 in cash, which he identified as exhibit No. 4. Heinlen testified $60 of the money taken from defendant (exhibit No. 2) matched the photocopied money used in the controlled drug buy. Heinlen found approximately $400 in a purse, as well as cocaine, identified as exhibit No. 5, inside the car.

¶ 8 Bloomington police detective John Atteberry testified Benford agreed to work as a confidential source. Benford was paid $160 for this case and $2,100 for his work over four months in other investigations. Benford was also provided lodging and spending money when he came to testify against defendant.

¶ 9 Prior to the transaction with defendant, Detective Atteberry gave Benford $100 after searching him and finding no contraband. At the gas station, Benford got into the car and left. After the car returned less than five minutes later, Benford exited the vehicle. He walked over to Atteberry and transferred the cocaine he had just purchased from defendant.

¶ 10 After defendant was arrested, Detective Atteberry read him his rights and spoke with him. Defendant stated he had a cocaine habit. He also stated the driver of the car was his girlfriend, Terry Rembert. Defendant stated he uses cocaine but does not sell it.

ΒΆ 11 Kerry Nielsen, a forensic scientist with the Illinois State Police, analyzed exhibit Nos. 1 and 5. Exhibit No. 1 was two plastic bags with four-tenths of a gram of a substance containing cocaine. Exhibit No. 5 was a plastic ...


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