PEOPLE v. MILES

No. 2-02-0760.

800 N.E.2d 122 (2003)

344 Ill. App.3d 315

279 Ill.Dec. 280

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Marcella R. MILES, Defendant-Appellant.

Appellate Court of Illinois, Second District.

November 13, 2003.


Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, and R. Christopher White (Court-appointed), Office of the State Appellate Defender, Elgin, for Marcella R. Miles.

Joseph E. Birkett, Du Page County State's Attorney, Wheaton, Martin P. Moltz, Deputy Director, Marshall M. Stevens, State's Attorneys Appellate Prosecutor, Elgin, for the People


Presiding Justice HUTCHINSON delivered the opinion of the court:

Following a bench trial, defendant, Marcella R. Miles, was convicted of the offense of possession of a counterfeit credit card (720 ILCS 250/16 (West 2002)) and sentenced to five years' imprisonment. On appeal, defendant contends that (1) her due process rights were violated because the statute under which she was convicted contains an unconstitutional mandatory presumption of intent, and (2) the statutory...

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