Docket No. 83579-Agenda 1-November 1999.

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. FLOYD RICHARDSON, Appellant.

Opinion filed February 17, 2000.

JUSTICE FREEMAN delivered the opinion of the court:

Defendant, Floyd Richardson, petitioned the circuit court of Cook County for post-conviction relief pursuant to the Post-Conviction Hearing Act (725 ILCS 5/122-1 (West 1998). The circuit court dismissed defendant's petition without an evidentiary hearing. Defendant appeals directly to this court. 134 Ill. 2d R. 651(a). We affirm.

BACKGROUND

In defendant's direct appeal, this court recited the details of his crimes. See People v. Richardson, 123 Ill. 2d 322 (1988). We need not repeat those details here. Defendant was charged with, inter alia, the intentional, knowing, and felony murder (Ill. Rev. Stat. 1981, ch. 38, pars. 9-1(a)(1), (a)(2), (a)(3)) and the armed robbery (Ill. Rev. Stat. 1981, ch. 38, par. 18-2) of the victim, George Vrabel. The victim was a grocery store clerk whom defendant fatally shot while robbing the store. At the close of the evidence, the jury returned general verdicts of guilty of murder and armed robbery.

Defendant waived a sentencing jury. At the first stage of the death sentencing hearing, the trial judge determined that defendant was eligible for the death penalty because he murdered the victim in the course of committing another felony, i.e., armed robbery. See Ill. Rev. Stat. 1981, ch. 38, par. 9-1(b)(6). At the close of the second stage of the death sentencing hearing, the circuit court sentenced defendant to death on the murder conviction and to a concurrent, extended prison term of 60 years on the armed robbery conviction.

Defendant's sentence was stayed pending direct appeal to this court. Ill. Const. 1970, art. VI,