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People v. McCormick

Case Date: 07/17/2002
Court: 4th District Appellate
Docket No: 4-00-0214 Rel

NO. 4-00-0214

IN THE APPELLATE COURT

OF ILLINOIS

FOURTH DISTRICT


THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from
                       Plaintiff-Appellee,  ) Circuit Court of
                       v. ) McLean County
CLIFFORD PATRICK McCORMICK, ) No. 00CF44
                      Defendant-Appellant. )
) Honorable
) Donald D. Bernardi,
) Judge Presiding.

 


JUSTICE APPLETON delivered the opinion of the court:

After a bench trial, the trial court found defendant,Clifford Patrick McCormick, guilty of violating section 1 of theHarassing and Obscene Communications Act (Communications Act)(720 ILCS 135/1 (West 2000)). The trial court sentenced him tothree years' imprisonment and ordered him to pay restitution tothe victim for parking tickets she had received. Afterward, thecircuit clerk notified defendant that he also must pay a finepursuant to section 10(c) of the Violent Crime Victims AssistanceAct (Victims Assistance Act) (725 ILCS 240/10(c) (West 2000)). Defendant appeals, arguing that (1) section 2(b)(5) of theCommunications Act violated his constitutional right to equalprotection; (2) section 2(b)(5) violated the proportionatepenalties clause (Ill. Const. 1970, art. I,