Mack the Knife
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Bolding the above and bumping this comment in light of the confusion about prior felonies.Pennsylvania law includes 18 aggravating factors that prosecutors can cite in their pursuit of the death penalty. They range from the victim being a law enforcement officer or a judge to the crime involving kidnapping or torture.
In the case of Ms. Virzi, the DA’s office cited four: the defendant committed the killing while in the perpetration of a felony; the offense was committed by means of torture; the victim was under 12 years old; and the defendant has a significant history of felony convictions involving the use or threat of violence.
Although Ms. Virzi does not have a criminal history, if a jury finds her guilty of the charges against her in this case, those convictions will count as a criminal history for the purpose of sentencing.
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DA seeks death penalty against San Diego woman accused in Shadyside newborn's death
The Allegheny County District Attorney’s Office will seek the death penalty against a California woman accused of killing her friend’s newborn...www.post-gazette.com
I don’t know if there is precedent for considering the other charges to be “history” for sentencing purposes in that same case, but if so that seems like some creative lawyering or a poorly written law. Considering that a significant history of felonies would be redundant of “committing the killing while in the perpetration of a felony” and IMO would be an improper way of making one factor count as two.