{
  "id": 2561227,
  "name": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. TINA BAEZ, Defendant-Appellant",
  "name_abbreviation": "People v. Baez",
  "decision_date": "1990-12-19",
  "docket_number": "No. 3\u201490\u20140182",
  "first_page": "410",
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    "name": "Illinois Appellate Court"
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  "analysis": {
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  "last_updated": "2023-07-14T21:01:48.752962+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. TINA BAEZ, Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "JUSTICE GORMAN\ndelivered the opinion of the court:\nFollowing a bench trial, the court convicted the defendant, Tina Baez, of unlawful possession of a controlled substance with the intent to deliver (Ill. Rev. Stat. 1989, ch. 561/2, par. 1401(b)(2)). The court thereafter sentenced her to serve four years in prison and ordered her to pay a $920 street-value fine. The defendant appeals.\nThe record shows that several Will County sheriff\u2019s department officers executed a search warrant at the defendant\u2019s residence at 10:54 p.m. on October 18, 1989. During their search, they found a gray bank bag on top of the kitchen counter. Inside the bag were two plastic baggies containing cocaine. Also inside the bag were a hand scale, a NATO military switchblade knife, a piece of paper with telephone numbers on it, $103 in cash, and the defendant\u2019s cash station bank card.\nOfficer Dennis Carey testified that on the counter near the gray bag he found a woman\u2019s purse containing $1,050 in cash, some utility bills, and a checkbook. The defendant\u2019s name was on the bills and checkbook. Carey also testified that an electronic scale was found underneath the gray bag.\nOfficer Daniel Tapper testified that the defendant\u2019s bank card was inside the scale in the gray bag. He noted that the card had a white powdery substance on the bottom of it. Tapper also noted that a \u201cDial-A-Pager\u201d was found on the kitchen counter and that a third scale was found in another room.\nExpert testimony established that one of the plastic baggies found inside the gray bag contained 5.8 grams of cocaine and the other contained 3.4 grams of cocaine. It was further established that the street value of the cocaine was $920.\nTracy Stover testified on behalf of the defendant that on October 18, 1989, she had repaid $200 the defendant had loaned her. She further noted that the defendant was a good friend of hers.\nLaurie Reese and Brenda Austin also testified on behalf of the defendant. They stated that at 8:30 p.m. on October 18, 1989, they had gone to the defendant\u2019s house with Laura Chambers. Thereafter, the four women sat in the living room and talked. During the course of the evening, Austin repaid $400 the defendant had loaned her. Around 10 p.m., Tommy Carter knocked on the front door. After the defendant opened the door and let him in, the two of them argued. At that time, Carter had a gray bag under his arm. According to Austin, the defendant told Carter that he could leave something in the kitchen. Reese and Austin testified that Carter then went into the kitchen alone. After a couple of minutes, he came out of the kitchen, without the gray bag. He then left the house. About a half hour later, Reese, Austin, and Chambers also left.\nOn appeal, the defendant argues that the State failed to prove beyond a reasonable doubt that she possessed the cocaine with the intent to deliver.\nIntent to deliver drugs can be proven by circumstantial evidence. (People v. Cruz (1984), 129 Ill. App. 3d 278, 472 N.E.2d 175.) The existence of a particular mental state is a question for the trier of fact. (People v. LeCour (1988), 172 Ill. App. 3d 878, 527 N.E.2d 125.) Upon judicial review, a reviewing court will preserve the trier of fact\u2019s role as weigher of the evidence by viewing the evidence in the light most favorable to the prosecution; the relevant question is whether any rational trier of fact could have found the essential elements of the crime charged 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; 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.\nHere, the defendant possessed 9.2 grams of cocaine, which had a street value of $920. A weapon, two scales, the defendant\u2019s bank card, and over $1,150 in cash were found in close proximity to the cocaine. These are factors the trial court could consider as evidence of the defendant\u2019s intent to deliver. (People v. Schaefer (1985), 133 Ill. App. 3d 697, 479 N.E.2d 428.) Although the defendant presented testimony offering various explanations for some of those items, the trial court was ultimately responsible for judging the credibility of the witnesses and the weight to be accorded their testimony. (See People v. Brown (1986), 150 Ill. App. 3d 535, 501 N.E.2d 1347.) We note that no explanation was offered for the cash in the defendant\u2019s purse not attributable to loan repayments. Moreover, the defendant did not explain why she possessed an electronic scale or how her bank card came to be inside the scale in the gray bag supposedly belonging to Carter. Viewing the evidence in the light most favorable to the prosecution, we find that a rational trier of fact could have found that the State proved the intent to deliver element beyond a reasonable doubt.\nThe defendant lastly argues that pursuant to section 110 \u2014 14 of the Code of Criminal Procedure of 1963 (Ill. Rev. Stat. 1989, ch. 38, par. 110 \u2014 14), her street-value fine of $920 should be reduced by $5 to reflect one day of credit for her preconviction jail time. The State concedes that the defendant\u2019s fine should be reduced by $5 to reflect credit for her preconviction jail time. We agree and, pursuant to our authority under Supreme Court Rule 615 (107 Ill. 2d R. 615), hereby reduce the defendant\u2019s $920 street-value fine by $5.\nThe judgment of the circuit court of Will County is affirmed with the modification of the $920 fine to $915.\nAffirmed as modified.\nSTOUDER, P.J., and BARRY, J., concur.",
        "type": "majority",
        "author": "JUSTICE GORMAN"
      }
    ],
    "attorneys": [
      "Robert Agostinelli, of State Appellate Defender\u2019s Office, of Ottawa, for appellant.",
      "Edward Burmila, State\u2019s Attorney, of Joliet (Nancy Rink Carter, of State\u2019s Attorneys Appellate Prosecutor\u2019s Office, of counsel), for the People."
    ],
    "corrections": "",
    "head_matter": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. TINA BAEZ, Defendant-Appellant.\nThird District\nNo. 3\u201490\u20140182\nOpinion filed December 19, 1990.\nRobert Agostinelli, of State Appellate Defender\u2019s Office, of Ottawa, for appellant.\nEdward Burmila, State\u2019s Attorney, of Joliet (Nancy Rink Carter, of State\u2019s Attorneys Appellate Prosecutor\u2019s Office, of counsel), for the People."
  },
  "file_name": "0410-01",
  "first_page_order": 432,
  "last_page_order": 435
}