People v. Gomez

Illinois Appellate Court
Criminal Court
Sentencing
Citation
Case Number: 
2011 IL App (1st) 092185
Decision Date: 
Friday, September 30, 2011
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Affirmed.
Justice: 
McBRIDE
Defendant was convicted, after jury trial, of first degree murder, aggravated criminal sexual assault and home invasion. State was not required to prove that victim was still alive when actual sexual penetration occurred "essentially simultaneously" as homicide and part of same criminal episode. Facts of assault were brutal and heinous, and court properly weighed aggravating and mitigating factors, including Defendant's age and lack of violent criminal history. Court was within its discretion in imposing sentence of natural life. (CAHILL and GARCIA, concurring.)