People v. Collins

407 N.E.2d 871, 85 Ill. App. 3d 1056, 41 Ill. Dec. 373, 1980 Ill. App. LEXIS 3183
CourtAppellate Court of Illinois
DecidedJune 25, 1980
Docket78-378
StatusPublished
Cited by19 cases

This text of 407 N.E.2d 871 (People v. Collins) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Collins, 407 N.E.2d 871, 85 Ill. App. 3d 1056, 41 Ill. Dec. 373, 1980 Ill. App. LEXIS 3183 (Ill. Ct. App. 1980).

Opinion

Mr. JUSTICE SIMON

delivered the opinion of the court:

The defendant was convicted of armed robbery and theft of 5000 pounds of nickel and 2000 pounds of copper from a corporate manufacturer. He contends that he was denied a speedy trial, that the armed robbery and theft charges were improperly joined with a bail-jumping charge and that at his jury trial he was stripped of the presumption of innocence. We affirm.

The nickel and copper were taken during the corporation’s overnight shift on November 9, 1969. Defendant was indicted for the offense on April 8, 1970. In 1973 a detainer was placed on Collins while he was in custody on unrelated charges in Texas. It was removed 4 days later, but Collins then wrote the Cook County State’s Attorney from a Federal correctional facility, asking that he be returned to Cook County for a speedy trial of the Illinois indictment. He was not returned, and trial did not begin until May 2, 1977.

Collins urges a complete reversal because the State failed to comply with the speedy trial provisions of the Agreement on Detainers. (Ill. Rev. Stat. 1977, ch. 38, par. 1003 — 8—9.) However, Collins did not serve a copy of his request on the warden of the facility at which he was imprisoned, as required by article III(b) of the Agreement. The result of this failure was that Illinois never received a certificate from the warden who had custody of Collins explaining the length and circumstances of his confinement. The certificate was indispensable, and without it, Illinois was not required to bring the defendant back for a speedy trial. People v. Uplinger (1976), 45 Ill. App. 3d 558, 562, 359 N.E.2d 1052,1056, affd (1977), 69 Ill. 2d 181, 370 N.E.2d 1054; People v. Daily (1977), 46 Ill. App. 3d 195, 203, 360 N.E.2d 1131, 1138.

Collins also suggests that it was error to join the armed robbery and theft indictment for trial with a bail-jumping charge, filed later, especially after the State had already elected to proceed only on the more serious charges. But Collins was acquitted on the bail-jumping charges by a directed verdict at trial. He suffered no harm from any erroneous joinder. We think that the jury may have been influenced more in favor of Collins instead of against him by the bail-jumping charge in reaching its verdict on armed robbery or theft. The inference that the defendant was more blameworthy simply because of the bail-jumping charge would have dissipated when that charge was resolved in Collins’ favor, and by prevailing on that charge, Collins might have added to any doubts the jury had of his guilt on the armed robbery and theft charges.

The final point on appeal concerns the propriety of forbidding the defendant, who was conducting his own defense, from handling in court a shotgun that had been introduced as an exhibit. Our discussion of this issue must be prefaced by some general remarks about the presumption of innocence. Every defendant brought to court to stand trial in a criminal matter is presumed innocent. “Any person indicted stands before the bar of justice clothed with a presumption of innocence and, as such, is tenderly regarded by the law. Every safeguard is thrown about him.” (People v. Riley (1941), 376 Ill. 364, 368, 33 N.E.2d 872, 875.) The presumption can be traced back to the early English common law; it is a basic component of due process. (Estelle v. Williams (1976), 425 U.S. 501, 503, 48 L. Ed. 2d 126,130, 96 S. Ct. 1691, 1692.) It raises a higher standard of proof than prevails in civil cases, but it also means that an accused has the right to stand trial “with the appearance, dignity and self-respect of a free and innocent man.” (In re Staley (1977), 67 Ill. 2d 33, 37, 364 N.E.2d 72, 73.) Where an accused chooses to exercise his sixth amendment right to personally make his own defense through cross-examination of witnesses and the orderly presentation of evidence (Faretta v. California (1975), 422 U.S. 806, 819, 45 L. Ed. 2d 562, 572, 95 S. Ct. 2525, 2533), the trial court must make certain that the defendant’s sometimes confused attempts to make his defense properly do not strip him of the presumption of innocence. The presumption remains with an accused until he is proved guilty under the established and regular methods of procedure. People v. Lund (1943), 382 Ill. 213, 217, 46 N.E.2d 929, 931.

With these principles in mind, we note that Collins chose to conduct his defense pro se, and was provided an assistant public defender to act as his legal adviser. In his opening statement, Collins told the jury that he had been convicted in the past for auto theft, but that he did not believe in violence. He described the State’s proof of armed robbery as “a pack of lies,” and promised to take the stand himself to tell his side of the story.

The night watchman at the factory from which the nickel and copper were taken was the State’s first witness. He testified that on the night of the theft, he permitted the company’s midnight shift to enter, and then was held up by two men with a shotgun. He identified Collins as one of the men. The shotgun was marked as an exhibit, displayed to the witness by the prosecutor and identified. When Collins’ turn for cross-examination came, he asked the prosecutor if he could “see the shotgun.” The weapon was lying on the prosecutor’s table. The prosecutor objected, suggesting that it would not be “advisable” for Collins to handle the weapon. The trial court refused the defendant’s request and ordered an Assistant State’s Attorney to handle the exhibit in the defendant’s place during cross-examination. Collins objected to this procedure, saying that he wanted to handle the exhibit in his examination of the witness just as his counterpart, the prosecutor, had in his.

At a sidebar, the trial judge offered to instruct the jury that he was not refusing to Collins individually the right to examine the exhibit within the jury’s presence, but that as a matter of policy he never allowed defendants in criminal cases to have a weapon in their possession in the courtroom. Collins refused the offer, saying he preferred to explain to the jury in closing argument that the State was trying to make him look like a “gangster or villain,” too dangerous to be allowed to hold an unloaded weapon in court. Later, the trial judge instructed the State to keep a fire ax, allegedly used to break into the area where the nickel and copper were stored, out of the courtroom. In closing argument, Collins told the jury that refusing to allow him to handle the shotgun in its presence was one more example of the State’s attempt to paint him as an outlaw and bolster its weak case.

The refusal to allow Collins to handle the exhibit was error. There was no violation of his right to confrontation, because he was given the opportunity before trial to examine the weapon as a normal part of discovery.

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Bluebook (online)
407 N.E.2d 871, 85 Ill. App. 3d 1056, 41 Ill. Dec. 373, 1980 Ill. App. LEXIS 3183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-collins-illappct-1980.