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PEOPLE v. MARTINEZ

No. 2-10-0498.

969 N.E.2d 840 (2011)

360 Ill. Dec. 795

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

Appellate Court of Illinois, Second District.

Rehearing Denied November 8, 2011.

Attorney(s) appearing for the Case

Joseph H. McMahon , State's Attorney, St. Charles ( Lawrence M. Bauer , Deputy Director, Gregory L. Slovacek , State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Thomas A. Lilien , Deputy Defender, Darren E. Miller , Office of the State Appellate Defender, Elgin, for Esteban Martinez.

OPINION

Justice BIRKETT delivered the judgment of the court, with opinion.

¶ 1 The State appeals from an order of the trial court, following a jury trial, purporting to acquit defendant of charges of aggravated battery (720 ILCS 5/12-4(a) (West 2004)) and mob action (720 ILCS 5/25-1(a)(1) (West 2004)). The State argues that the trial court abused its discretion in refusing to grant the State a continuance on the day of trial. Defendant not only disagrees...

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