People v. Brenner

After a bench trial, defendant, a 21-year-old independent commodities broker, was found guilty of both deceptive practices (Ill. Rev. Stat. 1981, ch. 38, par. 17 — 1(B)(d)) and theft by deception (Ill. Rev. Stat. 1981, ch. 38, par. 16 — 1(b)(1)), and received a sentence of probation for one year and a $10,000 fine.1 On appeal, he contends that: he was not proved guilty beyond a reasonable doubt; there was a fatal variance between the charges in the indictments and the evidence at trial; and because this dispute was properly civil, rather than criminal, in nature, his prosecution was a misuse…