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People v. Marci (Ill. S.Ct.)

Docket No. 80107-Agenda 2-September 1997.

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. GENO F. MACRI, Appellant.

Opinion filed October 29, 1998.

JUSTICE McMORROW delivered the opinion of the court:

The defendant, Geno F. Macri, was charged by indictment with one count of intentional murder (720 ILCS 5/9-1(a)(1) (West 1994)), one count of knowing murder (720 ILCS 5/9-1(a)(2) (West 1994)), four counts of felony murder (720 ILCS 9-1(a)(3) (West 1994)), one count of aggravated criminal sexual assault (720 ILCS 5/12-14(a)(2) (West 1994)), and one count of unlawful possession of a stolen motor vehicle (625 ILCS 5/4-103(a)(1) (West 1994)). Following a bench trial in the circuit court of Du Page County, defendant was found guilty of all charges. Defendant thereafter requested a jury for the sentencing proceedings. In the first phase of the sentencing hearing, the jury found defendant eligible for the death penalty on four separate eligibility factors: defendant committed the murder in a cold, calculated and premeditated manner pursuant to a preconceived plan, scheme or design to take a life by unlawful means (720 ILCS 5/9-1(b)(11) (West 1994)); and defendant committed the murder in the course of an aggravated criminal sexual assault (720 ILCS 5/9-1(b)(6) (West 1994)), in the course of an armed robbery (720 ILCS 5/9-1(b)(6) (West 1994)) and in the course of a robbery (720 ILCS 5/9-1(b)(6) (West 1994)). After hearing additional evidence in the second phase of the hearing, the jury concluded that there were no mitigating factors sufficient to preclude the imposition of the death penalty. Accordingly, the trial court sentenced defendant to death. The trial court also sentenced defendant to 60 years' imprisonment on the aggravated criminal sexual assault conviction, and a consecutive 7 years' imprisonment on the possession of a stolen motor vehicle conviction. Defendant's death sentence has been stayed pending direct review by this court. Ill. Const. 1970, art. VI,