October 31, 2008
THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the
) Circuit Court of
Plaintiff-Appellee, ) Cook County.
vs. ) No. 04 CR 30237
IVAN MARTINEZ, ) The Honorable
) Diane Cannon,
Defendant-Appellant. ) Judge Presiding.
JUSTICE TOOMIN delivered the opinion of the court:
Defendant, Ivan Martinez, was convicted of aggravated unlawful use of a weapon and
unlawful use of a weapon by a felon after a jury trial and was sentenced as a Class X offender to
concurrent terms of imprisonment of 12 years in the Illinois Department of Corrections. On
appeal, he asserts that: (1) the trial court conducted incomplete and insufficient voir dire by
failing to adhere to the requirements of Supreme Court Rule 431 (177 Ill. 2d R. 431); (2)
prosecutors presented improper and inflammatory arguments; (3) entry of judgment on both
counts of the charged offenses violated the one-act, one-crime rule; (4) the Violent Crime Victim
Assistance fine was improperly imposed; and (5) the Criminal/Traffic Conviction Surcharge fine
should be offset by defendant’s time in custody. For the following reasons, we affirm in part,
vacate in part and modify the judgment of the circuit court.