People v. Pope

Defendant, Richard Pope, was charged with three counts of obscenity (Ill. Rev. Stat. 1983, ch. 38, par. 11 — 20(a)(1)), each dealing with the sale of an allegedly obscene magazine. At a jury trial defendant was found guilty on all three counts. At a subsequent sentencing hearing the trial court imposed concurrent sentences of 120 days on each of the counts as well as consecutive fines of $1,000 on each count. Defendant filed a timely notice of appeal.

In this court defendant contends: (1) that the Illinois obscenity statute (Ill. Rev. Stat. 1983, ch. 38, par. 11 — 20) is unconstitutionally…