People v. Macoby

              1
NOTICE
Decision filed 12/28/07. The text of
this decision may be changed or
corrected prior to the filing of a
Peti tion for Rehearing or the
disposition of the same.
NO. 5-06-0418
IN THE
APPELLATE COURT OF ILLINOIS
FIFTH DISTRICT
_________________________________________________________________________
THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the
) Circuit Court of
Plaintiff-Appellee, ) Franklin County.
)
v. ) No. 05-CF-13
)
JONI R. MOCABY, ) Honorable
) Leo T. Desmond,
Defendant-Appellant. ) Judge, presiding.
_________________________________________________________________________
PRESIDING JUSTICE STEWART delivered the opinion of the court:
Following a jury trial in the circuit court of Franklin County, the defendant, Joni R.
Mocaby, was found guilty of the unlawful delivery of a controlled substance, 10 pills
containing morphine (720 ILCS 570/401(d) (West 2002)); the unlawful delivery of a
controlled substance, 30 pills containing diazepam (720 ILCS 570/401(g) (West 2002)); and
the unlawful delivery of a controlled substance, 36 pills containing dihydrocodeinone (720
ILCS 570/401(d) (West 2002)). The trial court sentenced the defendant to 30 months'
probation and ordered her to pay various fees, including $420 in restitution to the Southern
Illinois Drug Task Force. The defendant raises numerous arguments on appeal. We reverse
in part, vacate in part, and modify in part.
BACKGROUND
Pursuant to information from a confidential source that morphine was available for
purchase at the defendant's home, Inspector Stacy Eaton of the Southern Illinois Drug Task
Force, along with a confidential source, made three undercover visits to the defendant's home
to purchase controlled substances. The confidential source did not testify at the trial. Eaton