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PEOPLE v. MARTINEZ

No. 1-06-3281.

905 N.E.2d 914 (2009)

329 Ill.Dec. 76

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Oscar MARTINEZ, Defendant-Appellant.

Appellate Court of Illinois, First District, Sixth Division.

March 27, 2009.

Attorney(s) appearing for the Case

Michael J. Pelletier, Deputy Defender, and Darrel F. Oman, Asst. Appellate Defender, of Office of the State Appellate Defender, Chicago (Jonathan Yeasting, a third-year student at DePaul University College of Law, contributed to the research and writing of the reply brief); and David C. Thomas, Chicago, for Appellant.

Richard A. Devine, State's Attorney of Cook County, Chicago (James F. Fitzgerald, Mary Needham and William L. Toffenetti, Asst. State's Attys., of Counsel), for Appellee.

Justice CAHILL delivered the opinion of the court:

Defendant Oscar Martinez appeals the second-stage dismissal of his postconviction petition. He argues he is entitled to a new trial based on the reversal of a codefendant's conviction in a separate appeal. We affirm.

Defendant was tried together with codefendants Ian Bomkamp and Jeff Iniguez for the first degree murder and aggravated battery of Walter Warlyn. A jury found all three men guilty and defendant...

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