People v. McCarty

State: Illinois

Docket No: 100469, 100813 cons. Rel

Preview:Docket Nos. 100469, 100813 cons.

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. ROGER McCARTY, Appellant.BTHE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. JEANYNE REYNOLDS, Appellant. Opinion filed October 19, 2006.

JUSTICE GARMAN delivered the judgment of the court, with opinion. Chief Justice Thomas and Justices Fitzgerald and Karmeier concurred in the judgment and opinion. Justice Freeman concurred in part and dissented in part, with opinion, joined by Justice Kilbride. Justice Burke took no part in the decision.

OPINION After separate bench trials in the circuit court of Marion County, defendants Roger McCarty and Jeanyne Reynolds were convicted of knowingly manufacturing more than 900 grams of a substance containing methamphetamine. 720 ILCS 570/401(a)(6.5)(D) (West 2000). 1 Each received the mandatory minimum sentence of 15 years= imprisonment. 720 ILCS 570/401(a)(6.5)(D) (West 2000). In separate decisions, the appellate court affirmed defendants= convictions and sentences. McCarty, 356 Ill. App. 3d 552; Reynolds, 358 Ill. App. 3d 286. This court allowed defendants= petitions for leave to appeal (177 Ill. 2d R. 315) and consolidated their cases for review. For the reasons that follow, we affirm the judgments of the appellate court. BACKGROUND On December 20, 2001, Deputy Mark Rose of the Marion County sheriff=s department obtained a warrant to search Athe trailer of Roger McCarty@ for Amethamphetamine[,] records of drug transactions[,] drug paraphernalia[,] [and] United States Currency.@ 2 Deputy Rose and a group of other police officers executed the warrant later that day. Their search divulged numerous items, including four containers of liquids suspected to contain methamphetamine, six bottles of pseudoephedrine pills, lithium batteries, hoses, a set of electronic scales, coffee filters, six one-gallon cans of camping fuel, gas masks, and a locked metal box containing $3,030 in cash and approximately 30 grams of suspected cannabis. After the search, the officers arrested defendant Roger McCarty and his fianc

Download People v. McCarty.pdf