May 10, 2007
THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the
) Circuit Court of
Plaintiff-Appellee, ) Cook County.
DINU CAZACU ) Honorable
) Timothy Chambers,
Defendant-Appellant. ) Judge Presiding.
PRESIDING JUSTICE QUINN delivered the opinion of the court:
Following a bench trial, defendant was convicted on two
counts of possession of an altered card pursuant to section 15 of
the Illinois Credit Card and Debit Card Act (Act) (720 ILCS
250/15 (West 2004)) and sentenced to one year of probation. On
appeal, defendant contends that (1) the trial court erred in
admitting business records into evidence despite the lack of
proper foundation for them, (2) the trial court erred in denying
his motion for a directed verdict, (3) the charging instrument
lacked the necessary certainty, and (4) section 15 of the Act
contains an unconstitutional mandatory presumption.
The record shows that defendant was charged by information