Illinois Supreme Court
Criminal Court
Death Penalty
Defendant was convicted of 2001 murder of ex-girfriend. Judge found Defendant eligible for death penalty as murder was committed in violation of protective order. Defendant claimed that State's notice of intent to seek death penalty was untimely, as filed outside the Rule 416(c) limit of 120 days after arraignment. Court's decision was an intervening event that made it impossible to grant Defendant relief from purported Rule 416(c) violation. Appeal dismissed as moot, as judge imposed prison term of 60 years, and nothing in record indicates that sentence was influenced by eligibility for death penalty.