People v. Gacy , 103 Ill. 2d 1 ( 1984 )

JUSTICE SIMON,

concurring in part and dissenting in part.

I agree that the convictions of murder should be affirmed in this case. However, for the reasons set forth in my separate opinions in People v. Lewis (1981), 88 Ill. 2d 129, 179 (Simon, J., dissenting), and in People v. Silagy (1984), 101 Ill. 2d 147, 184 (Simon, J., concurring in part and dissenting in part), I believe that the Illinois death penalty statute is unconstitutional and that the death sentence should be vacated.