APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT
536 N.E.2d 476, 181 Ill. App. 3d 446, 129 Ill. Dec. 636 1989.IL.469
Appeal from the Circuit Court of Scott County; the Hon. Richard E. Mann, Judge, presiding.
JUSTICE LUND delivered the opinion of the court. McCULLOUGH, P.J., and GREEN, J., concur.
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE LUND
Following verdicts of guilty by a jury, the circuit court of Scott County entered judgments against defendant Malcolm A. Farrell for the offenses of theft over $300, armed robbery, residential burglary, and armed violence, in violation of sections 16-1, 18-2, 19-3, and 33A-2, respectively, of the Criminal Code of 1961 (Ill. Rev. Stat. 1987, ch. 38, pars. 16-1, 18-2, 19-3, 33A-2). On June 6, the court sentenced defendant to five years' imprisonment for the theft conviction, 25 years' imprisonment for the armed robbery conviction, and 25 years' imprisonment for the armed violence conviction, with all sentences to run concurrently. The court imposed no sentence on the residential burglary conviction. Defendant now appeals.
The evidence established that on January 28, 1988, Paul and Mary Hoots awoke at 4 a.m. to find a black man with a gun in their home. While he tied them up, they heard him speaking to a second man. The black man was observed to be wearing white tennis shoes. An investigation, after the assailants left, established that items they took included a VCR, a small wooden chest containing silverware, four watches, a wedding ring, a pillowcase, and cash. It was discovered entry was gained by breaking a garage window, where some footprints were found. Also found in the house was a flashlight which did not belong to the Hoots.
On February 18, law enforcement officials went to defendant's girlfriend's house to arrest him. Defendant attempted to get away by climbing on the window ledge of the apartment. At the time, he was wearing white tennis shoes, which the police confiscated. One expert testified these shoes could have made the shoe prints found by the broken window, and another testified defendant's fingerprint was found on the lens of the flashlight.
On February 22, defendant gave a statement to Sergeant John Yelliott stating he was with Michael Murphy and another unknown subject at the time of the crime, but he never entered the house. The others entered and brought out a VCR and a pillowcase containing a wooden case of silverware. Murphy told defendant he tied up a couple that was in the house. Defendant sold some of the property for Murphy.
Defendant gave a similar statement to Officer Jerry Lieb on February 25. Finally, a friend of defendant saw defendant and Murphy together on January 28 around 5 a.m. At that time, Murphy had a pillowcase and a small wooden box. The jury found defendant guilty on all charges.
Defendant contends the court erred by denying his motion to suppress and allowing admission of the statements he made to Yelliott and Lieb. He believes the State violated his sixth amendment right to counsel, asserting that these statements were taken after he had expressed a desire for an attorney.
On February 22, defendant was arraigned. At that time, the court explained that defendant was entitled to an attorney. The following exchange took place:
"In the traditional sense, the right to a lawyer means a right to a lawyer whom you'd select, one you'd pick out, a lawyer in whose ability and integrity you have confidence. Oftentimes, we find that men in your position don't have money enough, or financial resources enough, to hire a lawyer of their own choice, and if that's true, and if they make request for it, a public defender is appointed, but traditionally, a man such as you has a right to say, 'I want to hire John Doe,' or whatever his name is. 'I know him, or I've heard of him. I believe he's a good lawyer. I'm persuaded that he's a good lawyer, and I'm sure he'll work for me,' and if you intend, of course, to hire a lawyer of your own ...