People v. Coleman

Defendant was sentenced to 25 years for unlawful delivery of 900 grams or more of substance containing cocaine, after previous conviction for unlawful delivery of controlled substance. Police officer testified that he commingled powder from 15 separate bags before sending the commingled powder submitted as Exhibit found in Defendant's possession. Ineffective assistance of counsel by defense counsel entering into stipulation that 926 grams of powder in Defendant's possession were "cocaine". Defendant counsel should have investigated whether substances in 15 bags were separately tested to determine whether each individual bag was substance containing cocaine, as case law requires. Conviction for lesser amount would have resulted in sentence of 6 to 30 years, and lower fines. (POPE and STEIGMANN, concurring.)