People v. Fountain
2011 IL App (1st) 083459-B
Ill. App. Ct.2011Background
- Defendant Fountain was convicted of possession with intent to deliver 1.3 grams of heroin; 9 foil packets weighed separately by chemist; trial showed weight element met beyond reasonable doubt; chemist conducted preliminary and confirmatory tests; defense argued not all packets tested; Supreme Court directed reconsider in light of Marshall; DNA fee vacated; appeal affirmed in part and vacated in part.
- Chemist weighed each packet separately and testified to 1.3 grams; jury convicted; defendant received four-year sentence plus fines and a $200 DNA fee.
- Issue concerned weight element when packets are powder in separate containers and not all tested; Jones controls inference from testing.
- Rule 431(b) voir dire questioned jurors’ stance on four principles; trial court asked about problems or disagreements, not understanding and accepting.
- DNA analysis fee vacated as in Marshall; conviction affirmed but with vacatur of DNA fee.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Weight element proved despite ambiguous testing | Fountain | Fountain | Weight element proved beyond reasonable doubt |
| Rule 431(b) compliance during voir dire | State | Fountain | No reversible error; must follow Rule 431(b) strictly |
| DNA fee proper given prior conviction | State | Fountain | DNA fee vacated; not proper here |
Key Cases Cited
- People v. Jones, 174 Ill. 2d 427 (1996) (testing of each packet required; weight cannot be inferred from untested packets)
- People v. Clinton, 397 Ill. App. 3d 215 (2009) (no commingling before testing; testing must determine contents of each packet)
- People v. Adair, 406 Ill. App. 3d 133 (2010) (avoid testing conjecture when nonhomogeneous pills)