In People v. Collins, the Court of Appeals upheld several drug-related convictions against the defendant, but vacated his conviction of delivering 50 to 450 grams of heroin. There was no evidence in the record that the defendant delivered more than 50 grams of heroin in a single transaction. The relevant statute defines “delivery” using the term “transfer” in its singular form. There are four different delivery charges for distinct quantity groups, each with a different degree of punishment. Therefore, the Court of Appeals held that the defendant’s separate heroin deliveries could not be aggregated, and the court vacated his conviction for delivery of 50 to 450 grams of heroin.
The Court of Appeals upheld the defendant’s other convictions for possession and conspiracy to delivery heroin and cocaine. While the defendant contended that the officers who searched his car were acting outside their jurisdiction, the Court of Appeals noted that this statutory violation was not necessarily unconstitutional, and therefore the statutory violation did not automatically trigger the exclusionary rule. The Court of Appeals further held that the officers had reasonable suspicion to search the defendant’s car, the defendant was not deprived of his constitutional rights, and his counsel was not ineffective. However, because the sentences for these offenses were based on the vacated conviction, the Court of Appeals remanded for resentencing.