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PEOPLE v. ANDERSON

No. 61483.

112 Ill.2d 39 (1986)

490 N.E.2d 1263

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. CHARLES ANDERSON, Appellant.

Supreme Court of Illinois.

Opinion filed March 19, 1986.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, and Manuel S. Serritos, Assistant Defender, of the Office of the State Appellate Defender, of Elgin, for appellant.

Neil F. Hartigan, Attorney General, of Springfield (Roma J. Stewart, Solicitor General, and Mark L. Rotert and Terence M. Madsen, Assistant Attorneys General, of Chicago, of counsel), for the People.

J. Steven Beckett, of Reno, O'Byrne & Kepley, P.C., of Champaign, for amicus curiae Eagle Books, Inc., et al.

Judgment affirmed.

JUSTICE RYAN delivered the opinion of the court:

Defendant, Charles Anderson, was found guilty of two counts of obscenity (Ill. Rev. Stat. 1981, ch. 38, par. 11-20) in a jury trial in the circuit court of Du Page County. Noting that periodic imprisonment was "not available," the trial court sentenced the defendant to four months' incarceration in the county jail and levied a fine of $1,000. The...

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