People v. Hill 

Defendant was convicted of first degree murder and home invasion in death of his ex-girlfriend, and sentenced to 60 years imprisonment. Defendant contended that his sentence should be vacated because court erred in denying his motion to strike State's notice of intent to seek death penalty, not filed until 247 days after his arraignment. Defendant's claim is not moot, because if court had found he was not death eligible, maximum sentence was 60 years, and judge might have sentenced him to less than maximum. Claim not barred by laches, as defendant filed motion to strike prior to start of trial and prior to hearing on death penalty eligibility. Supreme Court Rule 216(c) imposes mandatory obligation on State to notify defendants within 120 days of arraignment whether it intends to seek death penalty. However, because there are cases where a defendant's rights are not injured by State's failure to timely file notice of intent, the presumption of a directory, rather than mandatory, reading of Rule 416(c) is not overcome, and lack of timely filing does not automatically require court to strike State's notice. (MURPHY and COLEMAN, concurring.)