People v. McKinley

Defendant was convicted, after jury trial, of 1st degree murder, and was sentenced to natural life in prison; jury found the murder was accompanied by exceptionally brutal or heinous behavior indicative of wanton cruelty. State gave timely written and proper notice of its intent to seek increased sentence based on Defendant's behavior indicative of wanton cruelty before trial, submitted that fact to jury as an aggravating factor, and proved that fact beyond a reasonable doubt. Defendant failed to meet his burden of overcoming presumption of trial court's impartiality. No error or display of bias by court clarifying comments made by prosecutor. (HOLDRIDGE and SCHMIDT, concurring.)