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PEOPLE v. BENKA

Nos. 82-426, 82-428 cons.

117 Ill. App.3d 221 (1983)

453 N.E.2d 71

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. MICHAEL BENKA, Defendant-Appellant. — THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JAMES RUSHING, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Opinion filed August 18, 1983.

Attorney(s) appearing for the Case

Michael Null, of Chicago, for appellants.

J. Michael Fitzsimmons, State's Attorney, of Wheaton (Barbara A. Preiner, Assistant State's Attorney, and Phyllis J. Perko and Marshall Stevens, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Judgments affirmed.

JUSTICE VAN DEUSEN delivered the opinion of the court:

Following a jury trial, defendants Michael Benka and James Rushing, and a third defendant who is not a party to this appeal, were found guilty of obscenity (Ill. Rev. Stat. 1981, ch. 38, par. 11-20(a)(1)) and were each subsequently fined $150 plus costs and restitution. On appeal, defendants contend that (1) the trial court erred by permitting the joinder of three unrelated obscenity...

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