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 in light of People v. Swift, 202 Ill. 2d 378 (2002). We hereby vacate People v. Mena, 329 Ill. App. 3d 579 (2002).

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…