Court of Appeals of Illinois, First District, Sixth Division
from the Circuit Court of Cook County. No. 16 CR 6806
Honorable Mauricio Araujo, Judge, presiding.
Attorneys for Appellant: James E. Chadd, Patricia Mysza,
Cassidey Davis Keilman, and Kathleen M. Flynn, of State
Appellate Defender's Office, of Chicago, for appellant.
Attorneys for Appellee: Kimberly M. Foxx, State's
Attorney, of Chicago (Alan J. Spellberg, Marci Jacobs and
Adam C. Motz, Assistant State's Attorneys, of counsel),
for the People.
JUSTICE HARRIS delivered the judgment of the court. Presiding
Justice Mikva and Justice Connors concurred in the judgment.
1 Following a jury trial, defendant Eddie Williams was
convicted of possession with intent to deliver a controlled
substance, 1 gram or more but less than 15 grams of heroin
(720 ILCS 570/401(c)(1) (West 2016)), and was sentenced to
nine years' imprisonment. On appeal, defendant argues the
trial court improperly considered compensation as an
aggravating factor during sentencing, because it is a factor
inherent in the offense of possession with intent to deliver
a controlled substance. We affirm.
3 The trial court sentenced defendant on November 29, 2017.
Defendant filed a notice of appeal on December 1, 2017.
Accordingly, this court has jurisdiction pursuant to article
VI, section 6, of the Illinois Constitution (Ill. Const.
1970, art. VI, § 6) and Illinois Supreme Court Rule 603
(eff. Feb. 6, 2013) and Rule 606 (eff. July 1, 2017),
governing appeals from a final judgment of conviction in a
criminal case entered below.
5 Defendant was charged with one count of possession with
intent to deliver a controlled substance. At trial, the
evidence showed that, just after midnight on March 17, 2016,
Chicago police officers patrolling in unmarked vehicles
observed defendant in the area of Huron Street and Homan
Avenue in Chicago. They saw defendant alone on the street and
observed him yell "blows, blows, blows," which the
officers knew to be a street term for heroin. The officers
initiated a street stop, at which point defendant tossed an
item from his hands into the backyard of a nearby house. The
officers recovered the item, which they discovered was a
plastic bag containing 16 smaller Ziploc bags filled with a
substance. A forensic scientist in the crime lab analyzed the
substance in the Ziploc bags and determined it was heroin, in
total weighing approximately 3.75 grams. ¶ 6 On April 5,
2017, the jury found defendant guilty of possession with
intent to deliver a controlled substance.
7 After the jury reached its verdict, the trial court denied
the State's motion to revoke defendant's bond, placed
him on electronic monitoring, and warned him not to "do
anything silly." Defendant subsequently failed to appear
on his next court date on June 1, 2017, and the trial court
issued a warrant for his arrest. Defendant also had an
outstanding warrant for his escape from electronic
monitoring, which had not been executed.
8 After missing two more court dates, defendant appeared at a
branch court on a new charge of possession of a controlled
substance. On August 9, 2017, when he appeared in this case
again, the trial court approved his request for a referral to
WestCare, the in-custody treatment program in the jail
system, due to his continued use of controlled substances. On
November 8, 2017, the court denied defendant's motion for
a new trial. The case proceeded to sentencing.
9 The presentence investigation report (PSI) presented at
sentencing showed defendant had prior convictions for
possession of a controlled substance (2014 and 1993),
possession with intent to deliver (1993 and 1992), resisting
arrest (2014), theft (2014), armed robbery (1999 and 1995),
resisting or obstructing a peace officer (1995), and
possession of a firearm without a Firearm Owners
Identification (FOID) card (1992). Defendant's sentences
ranged from 18 months' probation to 25 years'
imprisonment. Defendant reported that he had good
relationships with his parents and siblings and had been with
his "common law wife" since 1995. His wife suffered
from a back injury and required surgery. Defendant suffered
from chronic spinal stenosis and, due to his treatment in the
WestCare program, learned he had had an "addiction
problem." He reported a desire to maintain sobriety and
felt the need to continue the substance abuse treatment
10 In aggravation, the State highlighted defendant's
prior felony convictions, noting he had to be sentenced as a
Class X offender, with a sentencing range of 6 to 30
years' imprisonment. It emphasized defendant was on
parole when he committed the instant offense, committed
another possession of a controlled substance with ...