People v. Johns

Defendants, Rickey R Johns and Tony Wall, were charged by separate complaints with possession of certificates of title without complete assignment in violation of the Illinois Vehicle Code (Code) (Ill. Rev. Stat. 1989, ch. 95V2, par. 4 — 104(aX2)). Prior to trial, defendants filed separate motions to declare section 4 — 104(b)(1), the penalty provision of section 4 — 104(a)(2), unconstitutional (Ill. Rev. Stat. 1989, ch. 95V2, pars. 4-104(aX2), (b)(1)). The trial court held that the penalty provision was violative of the due process and proportionate penalties clauses of the Illinois…