People v. Mena

This case comes before us on a second 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 vacated People v. Mena, 329 Ill. App. 3d 579 (2002), and followed Swift. Our supreme court subsequently directed us to vacate our second opinion and reconsider in light of People v. Crespo, 203 Ill. 2d 335 (2001) (supplemental opinion filed March 31, 2003), and People v. Thurow, 203 Ill. 2d 352 (2003). We now vacate People v. Mena, 338 Ill. App. 3d 1 (2003).

A jury found defendant, Francisco…