People v. Melchor

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’s testimony under the former testimony exception to the hearsay rule in section 115 — 10.4 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/115 — 10.4 (West 2002)) violated his confrontation rights pursuant to Crawford v. Washington, 541 U.S. 36, 158 L. Ed. 2d 177, 124 S. Ct. 1354 (2004); (2) the admission of the…