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PEOPLE v. FOSTER

No. 75716.

660 N.E.2d 951 (1995)

168 Ill.2d 465

214 Ill.Dec. 244

The PEOPLE of the State of Illinois, Appellee, v. James T. FOSTER, Appellant.

Supreme Court of Illinois.

As Modified on Denial of Rehearing January 29, 1996.

Attorney(s) appearing for the Case

Phyllis J. Perko, Harlovic & Perko, West Dundee, Terese G. McGinnis, Chicago, IL for appellant.

James E. Ryan, Attorney General, Springfield (Rosalyn B. Kaplan, Solicitor General, and Arleen C. Anderson and Steve R. Splitt, Assistant Attorneys General, Chicago, of counsel), for the People.

Justice McMORROW delivered the opinion of the court:

A jury in the circuit court of Kane County found defendant, James T. Foster, guilty of first degree murder. Following a hearing, the trial court found defendant eligible for the death penalty because he killed the victim during the course of an aggravated criminal sexual assault. The court further found no mitigating factors sufficient to preclude imposition of the death penalty and sentenced the defendant to death...

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