People v. Bailey

This case presents question as to whether defendant is entitled to new sentence on felony murder charge in which prosecutor had served notice of intent to seek death penalty, where defendant claimed that trial court had abused its discretion in failing to give jury separate verdict forms for felony murder, and where jury eventually rendered general first degree murder verdict. Appellate Court, in affirming trial court's imposition of natural life sentence, found that while it was abuse of discretion not to give separate felony murder forms to jury, trial court properly sentenced defendant based on his guilt on felony murder charge. Moreover, jury's failure to specifically find that defendant had committed intentional murder did not render him ineligible for death penalty or sentence of natural life where trial court was finder-of-fact in determination that defendant was eligible for death penalty, and where record supported trial court's finding as to defendant's eligibility for death sentence.