in an argument, at which time he tied her up with a necktie, and he then had nonconsensual sex with her twice. Ms. Lowery threatened to alert the police, knowing that he was on  already on parole for attempted rape; and Mr. Livingston then produced a claw hammer and struck her in the head numerous times. Mr. Livingston was unaware of how many times he had actually struck her. An autopsy revealed that at least nineteen blows to the head had occurred. And if this case proceeded to trial, that's the evidence that the State would present for the charge of first degree murder."
Immediately thereafter the following exchange occurred between the court and the defendant:
"THE COURT: Okay, thank you. Mr. Livingston, I will ask you  youanguish or physical abuse before the victim's death by sexually assaulting her and there were continuous acts of violence begun before or continuing after the killing in that the defendant administered at least 19 blows, primarily to the skull of the victim, with a claw hammer."
At the sentencing hearing, the State called the victim in the attempted rape case as a witness. She stated that as she was coming out of the bathroom, defendant grabbed her, tied her hands behind her back, laid her down, and took off some of her clothes. She further stated defendant tried to rape her but stopped when the victim told him the rope was hurting her. Defendant then untied her and advised her to wash the rope marks off and not to