People v. Sroga

This case presents question as to whether trial court properly dismissed defendant's section 2-1401 petition that contended that his conviction under section 4-104(a)(4) of Vehicle Code for affixing improper license plate to his vehicle, as Class A misdemeanor, violated proportionate penalties clause of Illinois Constitution because identical conduct also constituted violation of section 3-703 of Vehicle Code, which was punishable only as Class C misdemeanor. Appellate Court, in affirming defendant's conviction, found that instant offenses were not identical because, while section 4-104(a)(4) required culpable mental state of knowledge, section 3-703 was absolute liability offense that did not require proof of knowledge.