Docket No. 105719.
THE STATE OF ILLINOIS
THE PEOPLE OF THE STATE OF ILLINOIS, Appellant and Cross-
Appellee, v. WALTER KLEPPER, Appellee and Cross-Appellant.
Opinion filed March 19, 2009.–Modified Upon Denial of
Rehearing September 28, 2009.
CHIEF JUSTICE FITZGERALD delivered the judgment of the
court, with opinion.
Justices Freeman, Thomas, Kilbride, Garman, Karmeier, and
Burke concurred in the judgment and opinion.
This matter arises out of a conversation that defendant, Walter
Klepper, had with a police officer. According to the police officer,
defendant falsely told the officer that defendant’s neighbor had tried
to run him over with a truck. The State charged defendant with felony
disorderly conduct (720 ILCS 5/26–1(a)(4) (West 2006)). After a
bench trial, the circuit court of Kendall County found defendant
guilty. The trial court declined to impose a felony sentence after
finding a violation of the proportionate penalties clause of the Illinois
Constitution (Ill. Const. 1970, art. I, §11) and instead imposed a
misdemeanor sentence. The State appealed the constitutional ruling