People v. Swiercz

Defendant Milo Swiercz was charged with obstructing a police officer pursuant to section 31 — 1 of the Criminal Code of 1961 (Ill. Rev. Stat. 1979, ch. 38, par. 31 — 1). Following a bench trial, defendant was found guilty and was sentenced to a term of periodic imprisonment of 18 weekends. After a hearing on post-trial motions, the trial court reduced the term of periodic imprisonment to 10 weekends and denied motions for a new trial and to arrest judgment. Defendant’s application for probation was also denied. On appeal defendant contends that: (1) the police officer was not performing an…