PEOPLE v. POPE

No. 2-84-1067.

138 Ill. App.3d 726 (1985)

486 N.E.2d 350

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. RICHARD POPE, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Rehearing denied December 31, 1985.


Attorney(s) appearing for the Case

Glenn A. Stanko and J. Steven Beckett, both of Reno, O'Byrne & Kepley, of Champaign, and Daniel Cain, of Sreenan & Cain, of Rockford, for appellant.

Daniel Doyle, State's Attorney, of Rockford (John X. Breslin and Terry A. Mertel, both of State's Attorneys Appellate Service Commission, of counsel), for the People.


Affirmed in part, and reversed in part and remanded.

JUSTICE HOPF delivered the opinion of the court:

Defendant, Richard Pope, was charged with three counts of obscenity (Ill. Rev. Stat. 1983, ch. 38, par. 11-20(a)(1)), each dealing with the sale of an allegedly obscene magazine. At a jury trial defendant was found guilty on all three counts. At a subsequent sentencing hearing the trial court imposed concurrent sentences of 120 days on each of the counts as...

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