People v. Bonner

              No. 2--06--1065
______________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
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THE PEOPLE OF THE STATE ) Appeal from the Circuit Court
OF ILLINOIS, ) of Du Page County.
)
Plaintiff-Appellee, ))
v. ) No. 05--CF--2955
)
WALTER J. BONNER, ) Honorable
) Kathryn E. Creswell,
Defendant-Appellant. ) Judge, Presiding.
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JUSTICE O'MALLEY delivered the opinion of the court:
Walter J. Bonner appeals from his convictions of three counts of unlawful delivery of a
controlled substance (720 ILCS 570/401(c)(2) (West 2004)). He argues that the State failed to prove
beyond a reasonable doubt that he was not entrapped when he entered into a course of transactions
with an undercover officer in exchange for sex from an informant. We determine as a matter of law
that Bonner was induced by the informant to sell drugs when he was not otherwise predisposed to
commit the crimes and that the effect of that inducement carried through the course of the
transactions. Accordingly, because Bonner was entrapped, we reverse.
I. BACKGROUND
On October, 27, 2005, Bonner was charged by indictment with four counts of unlawful
delivery of a controlled substance, arising out of his delivery of cocaine to an undercover police
officer on four occasions: August 31, September 9, September 16, and September 30, 2005. Bonner