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People v. Kliner, No. 81314 (Ill. S.Ct.)

Docket No. 81314-Agenda 27-May 1998.

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. RONALD KLINER, Appellant.

Opinion filed December 3, 1998.

JUSTICE BILANDIC delivered the opinion of the court:

Defendant, Ronald Kliner, was charged in Cook County with two counts of first degree murder (Ill. Rev. Stat. 1987, ch. 38, par. 9-1(a)(1), (a)(2)) and one count of conspiracy to commit murder (Ill. Rev. Stat. 1987, ch. 38, par. 8-2). These charges related to the February 18, 1988, murder of Dana Rinaldi in Palatine, Illinois. The jury returned verdicts of guilty against defendant on all counts and the trial court entered judgment on the murder verdict. Defendant waived a jury for the death sentencing hearing. The trial court found defendant eligible for the death penalty on the basis that he committed the murder pursuant to a contract, agreement or understanding by which he was to receive money or anything of value in return for committing the murder (Ill. Rev. Stat. 1987, ch. 38, par. 9-1(b)(5)). After considering evidence in aggravation and mitigation, the trial court found no mitigating factors sufficient to preclude imposition of the death penalty and sentenced defendant to death for the murder of Dana Rinaldi. Defendant's death sentence has been stayed pending direct review by this court. Ill. Const. 1970, art. VI,