People v. Robertson

Case Date: 03/24/2000
Court: 3rd District Appellate
Docket No: 3-98-0102

People v. Robertson, No. 3-98-0102

3rd District, 24 March 2000

THE PEOPLE OF THE STATE OF ILLINOIS,

Plaintiff-Appellee,

v.

RODGER L. ROBERTSON,

Defendant-Appellant.

Appeal from the Circuit Court of the 14th Judicial Circuit,Henry County, Illinois

No. 97--CF--6

Honorable Jeffrey W. O'Connor, Judge, Presiding

JUSTICE KOEHLER delivered the opinion of the court:

The defendant, Rodger Robertson, was convicted of unlawful delivery of a controlled substance. 720 ILCS 570/401(c)(2)(West 1996). On appeal, we must determine whether the trial court erred in allowing an undercover officer to testify thatpagers are commonly used in drug sales. We affirm.

At trial, Officer Tom Wiley testified that on December 10, 1996, he was contacted by Brenda Brown, a confidentialinformant. Brown had recently been arrested, and she offered to buy some crack cocaine from the defendant in exchange forconsideration in her case. She and Wiley agreed to try to set up a controlled purchase with the defendant. Later that evening,Brown began calling the defendant's pager number from Wiley's cell phone while in Wiley's presence. Her page wasfinally returned around 1 a.m. the next morning. Wiley heard a male voice agree to sell her an eighth-ounce of cocaine for$200. After Brown hung up, she told Wiley that the defendant said his girl friend, Vicki Marks, would deliver the drugs.

Wiley testified that they drove to a gas station to make the purchase. When they arrived, Marks gave some cocaine toBrown in exchange for around $160. During the transaction, Brown received a call on Wiley's cell phone. Brown said thatthe defendant was calling to see if Marks had arrived. Following the transaction, Wiley signaled the other officers toconverge on the scene and Marks was arrested.

Officer Wiley further testified that he had worked as an undercover officer for 6