People v. Burgess
State: Illinois
Docket No: 79162
NOTICE: Under Supreme Court Rule 367 a party has 21 days after
the filing of the opinion to request a rehearing. Also, opinions
are subject to modification, correction or withdrawal at anytime
prior to issuance of the mandate by the Clerk of the Court.
Therefore, because the following slip opinion is being made
available prior to the Court's final action in this matter, it
cannot be considered the final decision of the Court. The
official copy of the following opinion will be published by the
Supreme Court's Reporter of Decisions in the Official Reports
advance sheets following final action by the Court.
Docket No. 79162--Agenda 2--January 1997.
THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. RAYMOND
BURGESS, Appellant.
Opinion filed April 24, 1997.
JUSTICE MILLER delivered the opinion of the court:
The defendant, Raymond Burgess, was convicted of first
degree murder and aggravated battery of a child following a jury
trial in the circuit court of Henry County. At a separate
sentencing hearing the same jury found the defendant eligible for
the death penalty and further determined that there were no
mitigating circumstances sufficient to preclude imposition of that
sentence. The defendant was accordingly sentenced to death for his
conviction for first degree murder, and he received a sentence of
30 years' imprisonment for the aggravated battery conviction. The
defendant's execution has been stayed pending direct review of the
case by this court. Ill. Const. 1970, art. VI, 4(b); 134 Ill. 2d
Rs. 603, 609(a).
The evidence presented at trial may be stated briefly.
The defendant brought the victim, 3
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