PEOPLE v. MYERS

No. 4-03-0757.

833 N.E.2d 421 (2005)

359 Ill. App.3d 341

295 Ill.Dec. 588

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Douglas E. MYERS, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

August 2, 2005.


Attorney(s) appearing for the Case

Daniel D. Yuhas (Court-appointed), Colleen Morgan, Assistant Defender, Office of the State Appellate Defender, Springfield, for Douglas E. Myers.

Thomas J. Brown, State's Attorney, Pontiac, Norbert J. Goetten, Director, Robert J. Biderman, Deputy Director, Charles F. Mansfield, Staff Attorney, State's Attorneys Appellate Prosecutor, for the People.


Justice STEIGMANN, delivered the opinion of the court:

In June 2003, defendant, Douglas E. Myers, pleaded guilty to child pornography (720 ILCS 5/11-20.1(a)(1)(vii) (West 2002)). Following an August 2003 hearing, the trial court sentenced him to four years in prison.

Defendant appeals, arguing that, as applied to him, the mandatory minimum four-year sentence for child pornography is unconstitutional because it violates the proportionate-penalties clause of...

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