PEOPLE v. MELCHOR

No. 1-03-3036.

841 N.E.2d 420 (2005)

362 Ill. App.3d 335

299 Ill.Dec. 8

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Efren MELCHOR, Defendant-Appellant.

Appellate Court of Illinois, First District, First Division.

Rehearing Denied November 9, 2005.

November 14, 2005.


Attorney(s) appearing for the Case

Michael J. Pelletier, Deputy Defender, Office of the State Appellate Defender (Yasaman Hannah Navai, Assistant Appellate Defender, of counsel), Chicago, for Appellant.

Richard A. Devine, State's Attorney (Renee Goldfarb, Veronica Calderon, Marci Jacobs, Assistant State's Attorneys, of counsel), Chicago, for Appellee.


MODIFIED UPON DENIAL OF REHEARING

Presiding Justice BURKE delivered the opinion of the court:

Following a jury trial, defendant Efren Melchor was found guilty of first degree murder and sentenced to 40 years' imprisonment. On appeal, defendant contends that: (1) the admission of a deceased eyewitness' testimony under the former testimony exception to the hearsay rule in section 115-10.4 of the Code of Criminal Procedure (Code) (725 ILCS 5/115-10.4...

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