People v. Anderson

Defendant, Charles Anderson, was found guilty of two counts of obscenity (Ill. Rev. Stat. 1981, ch. 38, par. 11—20) in a jury trial in the circuit court of Du Page County. Noting that periodic imprisonment was “not available,” the trial court sentenced the defendant to four months’ incarceration in the county jail and levied a fine of $1,000. The appellate court affirmed the conviction. (130 Ill. App. 3d 318.) Defendant petitioned this court for leave to appeal, arguing that his sentence violated the equal protection guarantee of article I, section 2, of the Illinois Constitution. Pursuant to…