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SECOND DIVISION
September 4, 2001

Defendant, Willie C. Pugh, Jr., pled guilty to murder, armedrobbery, forcible detention and unlawful use of a weapon on January11, 1988. He was thereafter sentenced to death on the murderconviction, and concurrent sentences of 30 years for armed robberyand 7 years for forcible detention. On appeal, defendant'sconvictions were affirmed, but his death sentence was vacated andthe matter was remanded with directions to conduct a new death-penalty-eligibility hearing and a new sentencing hearing becausedefendant's trial counsel misunderstood the law with respect to thefirst phase of the death penalty hearing. People v. Pugh, 157 Ill.2d 1, 26, 623 N.E.2d 255 (1993).

On remand, the trial court again found defendant deatheligible but sentenced him to an extended term of 70 years on themurder conviction to be served consecutively with his previously imposed concurrent sentences of 30 and 7 years for armed robberyand forcible detention, respectively. He appeals, contending (1)the trial court on remand did not follow the mandate of the supremecourt where it did not resentence him on the armed robbery andforcible detention convictions; (2) the trial court erred infinding him death eligible; (3) the 100-year aggregate total of thesentences was an abuse of discretion; (4) the trial courtimproperly imposed extended-term and consecutive sentences on themurder conviction; and (5) he was entitled to good-time creditagainst each sentence imposed. Defendant has also filed a petitionfor rehearing raising various issues and subsequent motions to filesupplemental authority in which he questions the constitutionalityof his sentence under the United States Supreme Court's recentopinion in Apprendi v. New Jersey, 530 U.S. 466, 147 L. Ed. 2d 435,120 S. Ct. 2348 (2000).

The facts at the death-eligibility hearing on remand showedthat on December 16, 1986, South Chicago Heights police officerMichael Haskins received a call at 9:30 p.m. reporting that analarm had been activated at the Clark gas station located at 26thStreet and Chicago Road in South Chicago Heights. When Haskinsarrived there, he saw Officer Wolfe standing at the end of thecounter inside the station. When Wolfe arrived earlier, he hadopened the door to the gas station and asked if everything was allright. The victim, who was a teenage gas station attendant namedBryan Douglas, stated, "No, I'm being robbed." Defendant thenpointed a gun at Wolfe and said "Don't push me. I want out ofhere." As Haskins approached the door, three persons ran out ofthe gas station, one of whom was later identified as a codefendant. Defendant held a shotgun to the victim's head as Haskins tolddefendant to let the victim go. Officer Haskins continued to talkto defendant in an attempt to calm him and convince him to releasethe victim. The officer told defendant, "You don't need this. Youare making it worse." Defendant told Haskins to move away from thedoor and then lowered the shotgun to Haskins' stomach. Haskinsmoved from the door, and defendant, with the victim still on hisleft side, backed out of the gas station door.

Defendant then backed away with the victim while OfficersWolfe and Haskins remained inside the station. After Haskinsradioed for help, Haskins left the station and took several stepstoward defendant and the victim. Haskins had his gun in hisholster when he asked defendant to release the victim. Defendantagain pointed the shotgun at Haskins and ordered him to go backinto the station. There, Haskins spoke to Wolfe, drew his gun,kept it at his side, and walked back outside. Defendant and thevictim were still walking backwards and were about 50 feet away andin the well-lighted gas station lot. Defendant still had the gunto the victim's head. Haskins walked slowly toward defendant andthe victim, trying to convince defendant to release the victim andtelling defendant he would not chase defendant if he did.

Defendant and the victim continued to back away with defendantholding the shotgun to the victim's head. They walked off thestation lot and onto the sidewalk that paralleled 26th Street. Asthey walked, a parked car partially obstructed Haskins' view of thetwo. However, he could see the men from the chest up and saw thatdefendant was still holding the gun to the victim's head. Haskinscontinued to ask defendant to release the victim. Neitherdefendant nor the victim spoke as defendant stepped away andlowered the shotgun to the victim's side with his right hand by thetrigger and his left hand underneath the stock of the gun. At thistime the victim had his hands raised. Haskins then heard a shot,saw the victim fall and defendant turn and run away. Officer Wolfestated that by this time he joined Officer Haskins and found thevictim's body. Defendant was apprehended by other officers anddirected police to a yard where a shotgun was recovered.

It was stipulated that firearms examiner Karen Vanderwerffwould testify that the murder weapon was a 12-gauge sawed-offshotgun, which could only be fired in a single-action mode, meaningthat the hammer must be cocked before the trigger can be pulled tofire the gun. She performed a trigger-pull test which showed that8 to 8