People v. Nitz

Chief Justice Thomas and Justices Freeman, McMorrow, Fitzgerald, and Karmeier concurred in the judgment and opinion.

Justice Kilbride specially concurred, with opinion.

OPINION

In the second trial in this case, a jury in the circuit court of Williamson County convicted defendant of first degree murder. Ill. Rev. Stat. 1987, ch. 38, par. 9—1. The circuit judge found that defendant’s crime was accompanied by exceptionally brutal or heinous behavior indicative of wanton cruelty. Ill. Rev. Stat. 1987, ch. 38, par. 1005—8—1(a). Based on this finding, the trial court sentenced defendant to life…