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02/22/88 the People of the State of v. Joseph Sclafani

February 22, 1988

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE

v.

JOSEPH SCLAFANI, DEFENDANT-APPELLANT



APPELLATE COURT OF ILLINOIS, SECOND DISTRICT

520 N.E.2d 409, 166 Ill. App. 3d 605, 117 Ill. Dec. 248 1988.IL.245

Appeal from the Circuit Court of Du Page County; the Hon. C. Andrew Hayton, Judge, presiding.

APPELLATE Judges:

JUSTICE DUNN delivered the opinion of the court. REINHARD and NASH, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE DUNN

In a stipulated bench trial, the defendant, Joseph Sclafani, was found guilty of obscenity (Ill. Rev. Stat. 1985, ch. 38, par. 11-20), sentenced to one-year conditional discharge, and fined $1,000 plus costs. On appeal, the defendant contends that (1) the trial court erred in considering hearsay evidence contained in a stipulated police report; (2) the State failed to prove beyond a reasonable doubt that the defendant owned the bookstore in which the allegedly obscene magazines were sold; and (3) the trial court erroneously applied the contemporary community standard in determining whether the allegedly obscene materials, taken as a whole, lacked serious literary, artistic, political, or scientific value. We affirm.

The defendant was charged by information with selling three obscene magazines, namely, Macho Motel, Super Film Review No. 2, and Hard T.V.V., to Officer Siciliano (Siciliano) of the Du Page County sheriff's department. Prior to trial, the State and the defendant stipulated that Siciliano would testify as to the information contained in his police reports dated January 12, 18, 30, and February 24, 1984.

On September 16, 1986, at a pretrial status hearing, the following colloquy took place:

"THE COURT: Where's the stipulation that's going to be filed with the Court?

[Defense Counsel]: Right here.

THE COURT: You're stipulating to the officer's police reports. Are they contained in here?

[Assistant State's Attorney]: Your Honor, I'm tendering those reports at this time.

THE COURT: Have you examined those, counsel?

[Defense Counsel]: I have, Judge.

THE COURT: Any objection?

[Defense Counsel]: No, Judge. That's part of the stipulation.

[Assistant State's Attorney]: Your Honor, the stipulation does not include anything with reference to the Defendant's relationship to Studio 21. And the State would reserve the right ...


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