People v. Martinez Modified on Denial of Rehearing Opinion corrected 7/28/04 (appendix added)

FOURTH DIVISION

MAY 13, 2004

1-02-2050

THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the) Circuit Court of

Plaintiff-Appellee, ) Cook County.)

v. ))

JOHNNY MARTINEZ, ) Honorable) Marcus R. Salone,

Defendant-Appellant. ) Judge Presiding.

JUSTICE HARTMAN delivered the modified opinion of the court upon denial of rehearing:

Following a bench trial, defendant, Johnny Martinez, was convicted of first degree murder and sentenced to 25 years' incarceration for his participation in the fatal gang-related group beating of the victim, Daniel Garcia. On appeal, defendant raises several issues, including…