People v. Agriesti

Following a stipulated bench trial, defendant, Anthony Agriesti, was convicted of conspiracy (gambling) (Ill. Rev. Stat. 1987, ch. 38, pars. 8—2, 28—1(a)(3)), sentenced to two years’ conditional discharge, and fined $1,000 and costs. On appeal, defendant contends that the classification of conspiracy (gambling) as a Class 3 felony, when gambling itself is only a Class A misdemeanor, violates the constitutional requirements of due process and proportionality of punishment. We affirm.

Defendant was charged in a two-count indictment with gambling and conspiracy (gambling). Prior to trial, the…