Wrongly Convicted Database Record
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Charge: |
Drug Related (Possession or sale) |
Sentence: |
30 months probation |
Years Imprisoned: |
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Year Crime: |
2012 |
Year Convicted: |
2012 |
Year Cleared: |
2013 |
U.S. State or Country of Crime: |
Illinois |
County or Region of Crime: |
McLean |
City of Crime: |
Lexington |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Dinesh Patel was wrongly convicted after a bench trial in August 2012 of selling to a police informant a synthetic marijuana in a product called "Bulldog Potpourri" worth $27.44 that contained AM-2201 on February 23, 2012 at a Lexington, Illinois BP Amoco gas station and convenience store where he was a clerk, and which was owned by Kuldeep Chatha. Patel was sentenced to 30 months probation. On September 11, 2013 Indiana's Fourth District Appellate Court overturned Patel's conviction on the basis the State had failed to introduce sufficient evidence to prove he had "knowingly" committed a crime. Patel's boss and owner of the station, Kuldeep Chatha, was also wrongly convicted, after a bench trial in March 2013 of the "knowing" possession of a controlled substance with the intent to deliver when Patel sold the "Bulldog Potpourri." Chatha was sentenced in July 2013 to 180 days in custody suspended on condition of successfully completing 3 years of probation. Chatha appealed on the basis he believed "Bulldog Potpourri" was a legal incense and so he did not "knowingly" sell an illegal substance. On May 29, 2015 the Illinois Court of Appeals, Div. 4 reversed Chatha's conviction on the basis of insuffiicent evidence he "knowingly" violated the law. (See, People v. Kuldeep Chatha, 2015 IL App (4th)130652 (Ill. Ct. of Appeals, Div. IV, 5-29-2015)) So both Chatha and his clerk Patel were exonerated of the February 23, 2012 incident." |
Conviction Caused By: |
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Innocence Proved By: |
"On September 11, 2013 the Indiana Court of Appeals overturned Patel's conviction on the basis the State had failed to introduce sufficient evidence to prove he had "knowingly" committed a crime." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
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Age When Released: |
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Sex: |
Male |
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Information Source 1: |
"People v. Patel, 996 NE 2d 1114 (Ill. Appellate Court, 4th Dist. 9-11-2013) (Reversing conviction based on insufficient evidence)" |
Information Location 1: |
"http://scholar.google.com/scholar_case?case=14959492201543617227&q=Patel,+2013+IL+App+%284th%29+121111,+%C2%B6+1,+996+N.E.2d+1114&hl=en&as_sdt=6,48" |
Information Source 2: |
"Synthetic-drug sale conviction overturned for gas station clerk, By Edith Brady-Lunny (staff), Pantagraph (Bloomington, IL), September 25, 2013" |
Information Location 2: |
http://www.pantagraph.com/news/local/crime-and-courts/synthetic-drug-sale-conviction-overturned-for-gas-station-clerk/article_561b7a54-262d-11e3-89b0-0019bb2963f4.html |
Information Source 3: |
"People v. Kuldeep Chatha, 2015 IL App (4th)130652 (Ill. Ct. of Appeals, Div. IV, 5-29-2015) (Vacating conviction on insufficient evidence)" |
Information Location 3: |
http://www.illinoiscourts.gov/Opinions/AppellateCourt/2015/4thDistrict/4130652.pdf |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org