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APPENDIX A
Penalty Phase Instruction No. 11 Aggravating circumstances are those which increase the guilt or enormity of the offense or add to its injurious consequences which is above and beyond the elements of the crime itself. In determining which sentence you may impose in this case, you may consider only those aggravating circumstances set forth in these instructions.
The State contends that the following aggravating circumstances are shown from the evidence:
1. That the defendant was previously convicted of a felony in which the defendant inflicted great bodily harm, disfigurement, dismemberment or death on another.
2. That the defendant committed the crime in order to avoid or prevent lawful arrest or prosecution.
3. That the defendant committed the crime in an especially heinous, atrocious or cruel manner.
The term "heinous" means extremely wicked or shockingly evil; "atrocious" means outrageously wicked and vile; and "cruel" means pitiless or designed to inflict a high degree of pain, utter indifference to, or enjoyment of, the sufferings of others.
A crime is committed in an especially heinous, atrocious, or cruel manner where the perpetrator inflicts serious mental anguish or serious physical abuse before the victim's death. Mental anguish includes a victim's uncertainty as to his or her ultimate fate.
You are instructed that nothing done after the victim's death can qualify as a heinous, atrocious or cruel circumstance.