M. Massa

The imposition of a sentence of life without parole was reversible error by the trial court because the sole aggravating factor supporting the sentence was not determined by the trier of fact beyond a reasonable doubt during the penalty phase. The Supreme Court concurred with defendant’s initial request, and in the interests of judicial economy, exercised their appellate prerogative and resentenced him to a total term of 88 years.

The legislature intended a sentence of life imprisonment without possibility of parole to fit within the definition of a “term of imprisonment” and when imposing such a sentence the trial court must make certain specific findings.

When jury instruction did not shift the State’s burden of proof, there is no error so fundamental as to preclude a fair trial.

Trial court must issue factual findings when denying an indigent defendant’s motion to conduct a deposition at public expense.

Despite a second baggie of evidence not being tested to prove it was heroin after a first bag of heroin was tested, the evidence was sufficient to sustain conviction.