People v. Follins

554 N.E.2d 345, 196 Ill. App. 3d 680, 143 Ill. Dec. 410, 1990 Ill. App. LEXIS 431
CourtAppellate Court of Illinois
DecidedMarch 30, 1990
Docket1-87-2443
StatusPublished
Cited by26 cases

This text of 554 N.E.2d 345 (People v. Follins) 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. Follins, 554 N.E.2d 345, 196 Ill. App. 3d 680, 143 Ill. Dec. 410, 1990 Ill. App. LEXIS 431 (Ill. Ct. App. 1990).

Opinion

PRESIDING JUSTICE BUCKLEY

delivered the opinion of the court:

Edward Follins (defendant) appeals his conviction by a jury of robbery (Ill. Rev. Stat. 1985, ch. 38, par. 18—1) and four-year sentence to the Illinois Department of Corrections. He contends that (1) he was denied his sixth amendment right to effective assistance of counsel; (2) he was denied due process by the trial court’s failure to hold an evidentiary hearing on his post-trial motion allegations of ineffective assistance of counsel; (3) the trial court erred in denying his motion to quash his arrest and suppress its fruits; and (4) the trial court erred in refusing to tender certain jury instructions. We affirm.

In the afternoon of April 25, 1986, as Steven Hawkins, an Indiana resident, was walking in the vicinity of Clark and Wellington Streets in Chicago, two individuals approached him and absconded with his wallet and $80. Defendant was arrested shortly thereafter and charged with robbery in connection with the incident.

Prior to his trial, defendant filed a motion to quash his arrest on the ground that the arresting officer lacked probable cause to arrest him. The trial court denied the motion after hearing the following evidence.

The victim testified that on April 25, 1986, he was walking along a side street in Chicago when two individuals approached him from behind and demanded his wallet. He refused, and a struggle ensued between the victim and one of the individuals, resulting in the victim lying on the ground bleeding and the offenders absconding with the victim’s wallet and $80. The incident occurred within two minutes, and the police arrived two minutes thereafter. Upon the officers’ arrival, the victim stated that his wallet and $80 had been taken and described the offenders. Both were in their mid-20s. The offender who struggled with the victim was wearing a blue jogging suit with white piping. Although the victim was uncertain as to the offender’s height, he estimated that the offender approximated the officer’s height and was “a little heavier.” The second individual was short and wore a white-type T-shirt, jogging pants, and had a band-aid on his knee. Following this 30-second conversation, the victim pointed in the direction that each offender ran and the officers departed. The officers returned five minutes later with an individual.

Officer Angelo Falbo of the Chicago police department testified that on April 25, 1986, he and his partner responded to a radio broadcast and within 30 seconds reached the intersection of Wellington and Clark Streets. There, they observed the victim bleeding from the mouth and with blood all over his shirt. The victim stated that his wallet and an unspecified amount of money were taken. Based upon the victim’s description of the offenders, Falbo made the following radio broadcast:

“Wanted for robbery which occurred at the area of Wellington and Clark, two male blacks, number one, 5 feet 9 inches, in his mid-20’s, about 170 pounds, wearing a blue jogging suit. Number two was a male black approximately 5 feet 9 inches, 170 pounds, wearing a white shirt, white pants with a white Ace bandage around his knee. One subject proceeded westbound on Wellington, and one subject proceeded northbound on Clark.”

Approximately five minutes later, Falbo heard through a radio broadcast that Officer James Farah had the “subjects [sic] stopped” who matched the description of the “wanted offenders [sic].” Falbo and his partner proceeded to 2900 Sheffield Avenue, and Falbo thereafter accompanied defendant back to the scene of the incident.

Farah testified that he was monitoring a traffic light at Sheffield and Wellington Streets when he heard a radio broadcast of a strong-armed robbery committed by two black male offenders, described as 5 feet 9 inches in height and weighing 170 pounds, one individual having a bandage on his knee and wearing a white shirt and white pants and the other individual wearing a blue sweat suit. As Farah proceeded southbound on Sheffield, he observed an individual wearing a blue jogging suit, whom he estimated to be 5 feet 9 inches in height and weighing 170 pounds and who was later identified as defendant.

Farah believed defendant “would be a good subject to be interviewed and arrested on this charge.” He approached defendant and inquired into his destination. Defendant responded that he was looking for Wrigley Field. Farah then “patted down” defendant’s outer garments but did not recover anything. Defendant was not “free to leave.”

Farah subsequently radioed for assistance, handcuffed defendant, and placed him under arrest. He also read him his Miranda rights and assisted him into the squad car. Two minutes afterwards, Falbo arrived and the officers transported defendant to the scene of the incident, where he was identified by the victim.

On the day of trial, the trial court denied defendant’s pro se motion for substitution of counsel, wherein he claimed that his appointed public defender did not adequately confer with him and failed to introduce favorable evidence at his motion to quash hearing. The following evidence was then introduced at defendant’s trial.

The victim testified that while he was walking down a side street parallel to Clark Street in Chicago, he felt an individual place his hand on his back pocket. When the victim turned around, he stood face-to-face with, and four or five inches from, an individual whom he identified in court as defendant, while another individual simultaneously had his hand on his back pocket. Defendant demanded his wallet, threatening to kill him. The victim refused, and defendant struck him in the mouth. The victim grabbed defendant’s blue jogging shirt, and the two fell to the ground, causing the victim’s wallet and money, consisting of approximately $70 or $80, to scatter on the ground. At this time, the victim observed the second individual, who was wearing a white T-shirt, white running pants and had an ace bandage on his knee. Defendant and the second individual grabbed the victim’s money and wallet and ran. The victim chased them to Clark Street, where the two offenders “split off” in different directions.

Two minutes later, the victim gave a description of the offenders to two plainclothes police officers who had arrived at Clark Street. The victim’s testimony as to the description was similar to his testimony at the pretrial hearing. In addition to describing the offenders, the victim pointed in the direction the offenders fled. One of the officers stopped an individual across the street from the victim, who was wearing shorts, a white shirt and a reflector jacket, but the victim told them that the individual was not the offender. The officer later returned with defendant, and the victim identified defendant, while defendant stood alongside the squad car, as the person who struck him in the mouth and took his money.

On cross-examination, the victim admitted he was upset, angry and hurt at the time. He further admitted that he did not mention at defendant’s preliminary hearing that the offenders absconded with his money, but stated that he testified only that his “pocket tore and [his] wallet fell out. Apparently it was gone.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Gordon
2025 IL App (5th) 240603-U (Appellate Court of Illinois, 2025)
People v. Boyd
2025 IL App (1st) 231203-U (Appellate Court of Illinois, 2025)
People v. Ramos
2021 IL App (1st) 190894-U (Appellate Court of Illinois, 2021)
People v. Drew
2020 IL App (1st) 181651-U (Appellate Court of Illinois, 2020)
People v. Montgomery
2020 IL App (2d) 170459-U (Appellate Court of Illinois, 2020)
People v. Jones
2017 IL App (1st) 143766 (Appellate Court of Illinois, 2017)
People v. McGee
869 N.E.2d 883 (Appellate Court of Illinois, 2007)
People v. Johnson
Appellate Court of Illinois, 2007
People v. Ward
862 N.E.2d 1102 (Appellate Court of Illinois, 2007)
People v. Jackson
810 N.E.2d 542 (Appellate Court of Illinois, 2004)
People v. Centeno
776 N.E.2d 629 (Appellate Court of Illinois, 2002)
People v. Ross
Appellate Court of Illinois, 2000
People v. Lawson
700 N.E.2d 125 (Appellate Court of Illinois, 1998)
People v. Sutton
631 N.E.2d 1326 (Appellate Court of Illinois, 1994)
People v. Hughes
632 N.E.2d 251 (Appellate Court of Illinois, 1994)
People v. Bynum
629 N.E.2d 724 (Appellate Court of Illinois, 1994)
People v. Schrems
586 N.E.2d 1337 (Appellate Court of Illinois, 1992)
People v. Williams
576 N.E.2d 68 (Appellate Court of Illinois, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
554 N.E.2d 345, 196 Ill. App. 3d 680, 143 Ill. Dec. 410, 1990 Ill. App. LEXIS 431, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-follins-illappct-1990.