PEOPLE v. MENA

No. 1-98-1326.

768 N.E.2d 160 (2002)

329 Ill. App.3d 579

263 Ill.Dec. 400

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Francisco MENA, Defendant-Appellant.

Appellate Court of Illinois, First District, First Division.

March 29, 2002.


Attorney(s) appearing for the Case

Michael J. Pelletier, Deputy Defender (Kathleen M. Flynn, of counsel), for Appellant.

Richard A. Devine, State's Attorney of Cook County (Renee Goldfarb, James E. Fitzgerald, Julie Line Bailey, Alan Spellberg, of counsel), for Appellee.


Justice MCNULTY delivered the opinion of the court:

A jury found defendant, Francisco Mena, guilty of first degree murder. The trial court found that defendant committed the murder with exceptional brutality and on that basis the court imposed an extended-term sentence. On appeal defendant contends that the trial court erred by refusing to instruct the jury on second degree murder and prosecutorial misconduct deprived him of a fair trial. We reject both arguments...

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