People v. Myers

State: Illinois

Court: 4th District Appellate

Docket No: 4-03-0757 Rel

Case Date: 08/02/2005

NO. 4-03-0757

IN THE APPELLATE COURT

OF ILLINOIS

FOURTH DISTRICT

THE PEOPLE OF THE STATE OF ILLINOIS,
                         Plaintiff-Appellee,
                         v.
DOUGLAS E. MYERS,
                         Defendant-Appellant.

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Appeal from
Circuit Court of
Livingston County
No. 02CF181

Honorable
Harold J. Frobish,
Judge Presiding.

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 the Illinois Constitution (Ill. Const. 1970, art. I,