People v. Benka

Following a jury trial, defendants Michael Benka and James Rushing, and a third defendant who is not a party to this appeal, were found guilty of obscenity (Ill. Rev. Stat. 1981, ch. 38, par. 11 — 20(a)(1)) and were each subsequently fined $150 plus costs and restitution. On appeal, defendants contend that (1) the trial court erred by permitting the joinder of three unrelated obscenity prosecutions and (2) defendants were denied effective assistance of counsel in view of defense counsel’s failure to object to the joinder of the prosecutions and his multiple representation of all defendants.

Def…