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PEOPLE v. JOHNS

Docket Nos. 72263, 72264.

607 N.E.2d 148 (1992)

153 Ill.2d 436

180 Ill.Dec. 254

The PEOPLE of the State of Illinois, Appellant, v. Rickey P. JOHNS, Appellee. The PEOPLE of the State of Illinois, Appellant, v. Tony WALL, Appellee.

Supreme Court of Illinois.

December 4, 1992.

Attorney(s) appearing for the Case

Roland W. Burris, Atty. Gen., Springfield, and Gary V. Johnson, State's Atty., Geneva (Norbert J. Goetten, William L. Browers and Lawrence M. Bauer, of the Office of the State's Attys. App. Proc, Elgin, of counsel), for the People.

No appearance for appellees.

Justice FREEMAN delivered the opinion of the court:

Defendants, Rickey P. 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. 95½, par. 4-104(a)(2)). 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,...

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