People v. Mena

This case comes before us on remand from our supreme court. That court directed us to vacate and reconsider our initial opinion in this case. We hereby vacate People v. Mena, 329 Ill. App. 3d 12 (2002).

In 1998 a jury found defendant, Francisco Mena, guilty of first degree murder. After sentencing, defendant’s lawyer filed a notice of appeal. He filed no appellate brief and no record for appeal. In 2000, when defendant discovered that this court had dismissed his appeal for want of prosecution, he filed a postconviction petition, claiming that counsel’s ineffective assistance deprived him of…