from the Circuit Court of Adams County, No. 16-CF-269; the
Hon. Scott J. Butler, Judge, presiding.
Attorneys for Appellant: James E. Chadd, Patricia Mysza, and
Katie Anderson, of State Appellate Defender's Office, of
Chicago, for appellant.
Attorneys for Appellee: Gary L. Farha, State's Attorney,
of Quincy (Patrick Delfino, David J. Robinson, and Benjamin
M. Sardinas, of State's Attorneys Appellate
Prosecutor's Office, of counsel), for the People.
JUSTICE STEIGMANN delivered the judgment of the court, with
opinion. Justice DeArmond concurred in the judgment and
1 In May 2016, the State charged defendant, Robert W. Eyler
Jr., with unlawful possession of methamphetamine. 720 ILCS
646/60(b)(1) (West 2014). In November 2016, defendant's
case proceeded to a jury trial at which the State's
witnesses testified essentially to the following: (1) someone
called the police to report "a male subject wearing a
blue sweatshirt who was on a bicycle who was yelling
profanities" and acting erratically; (2) shortly after
the call, the police located a suspect-later identified as
defendant-who matched this description; (3) a police officer
attempted to effectuate a Terry stop upon defendant,
but he fled (see Terry v. Ohio, 392 U.S. 1 (1968));
(4) the police ultimately stopped defendant and placed him
under arrest; and (5) a search incident to defendant's
arrest revealed a white substance that later tested positive
for methamphetamine. The jury found defendant guilty. In
January 2017, the trial court sentenced defendant to five
years in prison and assessed various fines and fees.
2 Defendant appeals, arguing (1) his attorney was ineffective
for failing to file a motion to suppress the results of the
search, (2) a Terry stop can be justified based only
upon a reasonable suspicion of ongoing criminal activity as
opposed to a completed crime, and (3) the trial court erred
when it imposed various fines and fees. We affirm.
3 I. BACKGROUND
4 In May 2016, the State charged defendant with unlawful
possession of methamphetamine. 720 ILCS 646/60(b)(1) (West
2014). In November 2016, defendant's case proceeded to a
jury trial, and the following testimony was presented.
5 Officer J.D. Summers of the Quincy Police Department
testified that on the morning of May 4, 2016, he was
dispatched to the vicinity of North 12th and North 13th
Streets, between Spring and Elm Streets, because of "a
call in reference to a male subject wearing a blue sweatshirt
who was on a bicycle who was yelling profanities and just
acting erratically, and [the caller] thought it was
suspicious." See 720 ILCS 5/26-1(a)(1) (West 2014) (a
defendant commits disorderly conduct when he knowingly does
any act in such unreasonable manner as to alarm or disturb
another and to provoke a breach of the peace).
6 Summers stated that he quickly responded to this area while
he was driving a marked police car and "observed a male
subject matching that description in that he was wearing a
blue-hooded sweatshirt [and was] riding a bicycle."
Summers testified that he followed closely behind the
bicyclist-whom he later identified as defendant-and yelled
"Sir" very loudly on multiple occasions. Defendant
"began pedaling faster" when Summers shouted.
Summers stated that he then yelled "Sir" even
louder and defendant then "began to cut through yards
westbound off the alley." Summers testified that he was
"unable to follow him in my patrol vehicle. I mean, he
was on a bicycle pedaling fast, so there was-I wasn't
going to catch up to him on foot ***." Summers stated
that he then "notified other units via our radio in
reference to the situation that I had a male subject who fled
7 Summers testified that officers from the Quincy Police
Department and the Adams County Sheriffs Department
"converged in the area" and "began field
interviews with neighbors and such because we continued to
have neighbors say that they spotted this subject running now
on foot through yards. Also within this process there were
two officers that observed the subject running on foot from
8 Officer Jessica Willis of the Quincy Police Department
stated that she and other officers responded on the morning
of May 4, 2016, to assist Summers. Willis testified that she
was given a description of a male wearing a blue colored
sweatshirt running through an alley and she and other
officers "set up a perimeter in the area that was
described." Willis stated that she "saw a male
matching the description run across the street." She
stated that she followed the suspect-whom she later
identified as defendant-in her squad car. Defendant continued
running, and she testified that she and other officers
"got out on foot and ran after the subject." Willis
testified that she "identified [herself] as a police
officer numerous times, yelling at him to stop, and
eventually he did lay down in a backyard."
9 She testified that defendant did not stop until he was
essentially surrounded. She also stated that a deputy pointed
his pistol at defendant and ordered him to get down on the
ground. Willis testified that officers searched defendant
after he stopped and they handed her a wallet and a metal
pipe from defendant's person. Willis testified that she
found a "green leafy substance" inside the wallet
and that pipes are "commonly used to smoke
10 Officer Summers testified that he next saw defendant, who
at that point was in police custody, approximately 10 minutes
after defendant had fled from him. Summers testified that he
(1) took defendant into custody, (2) performed a
"secondary search" of defendant's person for
safety purposes, and (3) found a drinking straw inside
defendant's pocket that had "some white residue in
it." Joshua Stern, a forensic scientist with the
Illinois State Police, stated that he tested this residue and
"confirmed the presence of methamphetamine."
11 After the State rested, defendant presented no evidence.
The jury found defendant guilty of unlawful possession of
methamphetamine. In January 2017, the trial court sentenced
defendant to five years in prison and assessed various fines
12 This appeal followed.
13 II. ANALYSIS
14 Defendant appeals, arguing (1) his attorney was
ineffective for failing to file a motion to suppress the
results of the search, (2) a Terry stop can be
justified based only upon a reasonable suspicion of ongoing
criminal activity as opposed to a completed crime, and (3)
the trial court erred when it imposed various fines and fees.
We address these issues in turn.
15 A. Ineffective Assistance of Counsel
16 Defendant first argues that his attorney was ineffective
for failing to file a motion to suppress the results of the
search. We disagree.
17 1. The Applicable Law
18 A defendant has the right to effective assistance of
counsel at all critical stages of a criminal proceeding. U.S.
Const., amend. VI; People v. Hughes, 2012 IL 112817,
¶ 44, 983 N.E.2d 439. "To establish a claim of
ineffective assistance of counsel, the defendant must show
that counsel's performance was (1) deficient and (2)
prejudicial." People v. Sturgeon, 2019 IL App
(4th) 170035, ¶ 81. An attorney's performance is
deficient when it falls below an objective standard of
reasonableness. Id. ¶ 82. Courts are highly
deferential of counsel's performance, and a defendant
must overcome the strong presumption that the challenged
action or inaction may have been the product of sound trial
strategy. People v. Manning, 241 Ill.2d 319, 327,
948 N.E.2d 542, 547 (2011).
19 To establish prejudice, a defendant must show that, but
for counsel's errors, there is a reasonable probability
that the result of the proceeding would have been different.
People v. Westfall, 2018 IL App (4th)
150997, ¶ 63, 115 N.E.3d 1148. "In the context of
failure to file a motion to suppress, prejudice arises when a
defendant demonstrates (1) that the unargued suppression
motion would have been meritorious and (2) that a reasonable
probability exists that the outcome of the trial would have
been different had the evidence been suppressed."
People v. Bates, 2018 IL App (4th) 160255,
¶ 48, 112 N.E.3d 657.
20 Defendant's claim of ineffective assistance of counsel
requires us to discuss the offenses of disorderly conduct and
resisting or obstructing a peace officer, as well ...