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People v. Pickens

Case Date: 12/28/2004
Court: 1st District Appellate
Docket No: 1-04-0403 Rel

SECOND DIVISION
DECEMBER 28, 2004
(Nunc pro tunc 11/30/04)

 


No. 1-04-0403

    
THE PEOPLE OF THE STATE OF ILLINOIS,

                        Plaintiff-Appellee,

          v.

ANTHONY PICKENS,

                        Defendant-Appellant.
 

 )
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)		 Appeal from the
Circuit Court of
Cook County.

No. 02 MC6-23544

The Honorable
Christopher J.
Donnelly,
Judge Presiding.



JUSTICE GARCIA delivered the opinion of the court.

On November 29, 2002, a misdemeanor complaint was filedagainst the defendant, Anthony Pickens, charging him withdomestic battery (count I) (720 ILCS 5/12-3.2(a)(2) (West 2002)). Following a bench trial, the defendant was found guilty andsentenced to conditional discharge for a period of 12 months.

The defendant now appeals arguing (1) the State presentedinsufficient evidence to prove him guilty of domestic batterybeyond a reasonable doubt (720 ILCS 5/12-3.2(a)(2) (West 2002)),and (2) the statutorily prescribed penalty for domestic battery(730 ILCS 5/5-6-1(c) (West 2002)) violates the proportionatepenalties clause of the Illinois Constitution (Ill. Const. 1970,art. I,