concurring.
I agree with the conclusions reached by the majority. I write separately, however, because I agree with Mr. Justice Nigro that a jury charge pursuant to Simmons v. South Carolina, 512 U.S. 154, 114 S.Ct. 2187, 129 L.Ed.2d 133 (1994), should be mandated. Accordingly, I join in that portion of his concurring-opinion addressed to this issue.