People v. Fuller

The defendant, Veronica Fuller, was charged in the circuit court of Kane County with filing a false report of a vehicle theft, a violation of section 4 — 103(a)(6) of the Illinois Vehicle Code (625 ILCS 5/4 — 103(a)(6) (West 1996)). Before trial, defendant moved to dismiss the charge, arguing that the potential penalty for that offense, a Class 2 felony (625 ILCS 5/4 — 103(b) (West 1996)), was “unconstitutional as applied to the defendant under the facts of this case.” The trial judge agreed with the defendant and dismissed the charge. The State appealed that ruling to the appellate court…