THE PEOPLE OF THE STATE OF ILLINOIS, | ) | Appeal from |
Plaintiff-Appellee, | ) | Circuit Court of |
v. | ) | McLean County |
CLIFFORD PATRICK McCORMICK, | ) | No. 00CF44 |
Defendant-Appellant. | ) | |
) | Honorable | |
) | Donald D. Bernardi, | |
) | Judge Presiding. |
JUSTICE APPLETON delivered the opinion of the court:
After a bench trial, the trial court found defendant,Clifford Patrick McCormick, guilty of violating section 1 of theHarassing and Obscene Communications Act (Communications Act)(720 ILCS 135/1 (West 2000)). The trial court sentenced him tothree years' imprisonment and ordered him to pay restitution tothe victim for parking tickets she had received. Afterward, thecircuit clerk notified defendant that he also must pay a finepursuant to section 10(c) of the Violent Crime Victims AssistanceAct (Victims Assistance Act) (725 ILCS 240/10(c) (West 2000)). Defendant appeals, arguing that (1) section 2(b)(5) of theCommunications Act violated his constitutional right to equalprotection; (2) section 2(b)(5) violated the proportionatepenalties clause (Ill. Const. 1970, art. I,