Docket No. 107363.
THE STATE OF ILLINOIS
THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v.
SALVADOR ORTIZ, Appellee.
Opinion filed November 19, 2009.
JUSTICE BURKE delivered the judgment of the court, with
Chief Justice Fitzgerald and Justices Freeman, Thomas, Kilbride,
Garman, and Karmeier concurred in the judgment and opinion.
Defendant Salvador Ortiz was convicted of first degree murder
after a bench trial and sentenced to 47 years in prison. On direct
appeal, the appellate court affirmed defendant’s conviction and
sentence. People v. Ortiz, No. 1–94–2094 (1996) (unpublished order
under Supreme Court Rule 23). Defendant’s first two postconviction
petitions were summarily dismissed by the circuit court of Cook
County. The third petition, at issue in this appeal, alleged actual
innocence based on newly discovered eyewitness testimony. The trial
court denied the third petition following an evidentiary hearing. The
appellate court reversed the trial court’s denial of the petition and
remanded the cause for a new trial. 385 Ill. App. 3d 1. On appeal to
this court, the State contends: (1) that the appellate court erred in