People v. Reynolds

The State charged Ebony Reynolds, the defendant, with first degree murder but did not seek the death penalty. The defendant exercised his right to have his case heard before a jury, which found him guilty. However, the jury was not instructed on and did not find the defendant eligible for the death penalty. Consequently, as no death penalty hearing was held, the defendant never waived his right to a jury as to his eligibility for the death penalty. At defendant’s sentencing hearing, the court found that under section 9 — 1(b)(5) of the Criminal Code of 1961 (the Code) (720 ILCS 5/9 — 1(b)(5)…