People v. Foster

Following a jury trial in the circuit court of Kane County, the defendant was found guilty of the murder (Ill. Rev. Stat. 1985, ch. 38, par. 9—1) of Jacqueline Simmons. The State asked for the death penalty, and after a hearing, the circuit court found that there existed a statutory aggravating factor in that the murder was committed in the course of an aggravated criminal sexual assault (Ill. Rev. Stat. 1985, ch. 38, par. 9—1(b)(6)), and that there were no mitigating factors sufficient to preclude imposition of the death sentence. The court sentenced the defendant to death, but the sentence…