People v. McNeal

PRESIDING JUSTICE SEIDENFELD

delivered the opinion of the court:

In these cases consolidated for opinion, Rosemary McNeal and Willie McNeal were found guilty of retail theft in excess of $150 (Ill. Rev. Stat. 1981, ch. 38, par. 16A — 3)' after a joint bench trial. Rosemary McNeal was sentenced to three years in prison and Willie McNeal to the 28 days in the county jail he had already served and 24 months’ probation.

I

Both defendants raise the issue of the constitutionality of the statute under which each was convicted. They argue that the statute denies equal protection because the same type of…