People v. Adair
406 Ill. App. 3d 133
Ill. App. Ct.2010Background
- Defendant arrested with a bag containing 24 MDMA pills and powder; indicted on two counts: possession with intent to deliver 15–200 MDMA pills and 5–15 grams of methamphetamine; jury found guilty of possession (not delivery) of both substances; seven-year sentences imposed; testing by chemist used a single representative sample created from all pills and powder; color-variant pills not homogeneous; defense challenged the testing method in limine; presentencing custody credited at 394 days totaling $1,970; various monetary penalties imposed including DNA fee, court services fee, and a court system fee; on appeal, convictions reduced and remanded for new sentencing; some fees upheld while others vacated.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for MDMA pill count and meth weight | State | Adair | Convictions reduced; evidence insufficient due to nonhomogeneous sampling. |
| Validity of representative sampling across nonhomogeneous pills | State relied on representative sample | Adair contends testing must be per color/group | Require independent testing of distinct color groups; single representative sample insufficient. |
| Appropriateness of DNA analysis and court services fees | State | Adair | DNA and court services fees upheld; court system fee vacated. |
| Presentencing custody credit offset against fines | State | Adair | Credit offset applied to fines; CSA assessment vacated; total credits determined. |
| Remand for sentencing on reduced offenses | State | Adair | Remanded for new sentencing hearing on lower-class convictions. |
Key Cases Cited
- People v. Jones, 174 Ill.2d 427 (1996) (testimony and sampling requirements for weight elements in nonhomogeneous samples)
- People v. Clinton, 397 Ill.App.3d 215 (2009) (chemists must not mix packets before testing; homogeneous vs. nonhomogeneous samples)
- People v. Kaludis, 146 Ill.App.3d 888 (1986) (testing theory for identically marked tablets to infer contents of many packets)
- People v. Coleman, 391 Ill.App.3d 963 (2009) (commingling does not automatically merge distinct substances; sampling must reflect distinct items)
- People v. Hagberg, 192 Ill.2d 29 (2000) (weight element proof in possession cases; role of unit weight versus total weight)