the killing resulted from defendant's concern that the victim would report the rapes to the police. Defense counsel also claimed mitigation in defendant's having turned himself in to the sheriff's office the same day as the killing and that defendant "was not in his right mind due to the use of crack cocaine at the time." There is no evidence in the record supporting any of these claims other than those in the preceding sentence.
The court then stated:
"THE COURT: Thank you. Accordingly, the defendant is sentenced to the custody of the Secretary of Corrections for a term of life. I'm going to find that the Hard-50 sentence applies. The aggravating circumstances offered by the State, including a prior crime of violence, and a particularly cruel and heinous mannersorry for what happened.'
"Livingston was a crack addict with a serious psychotic disorder. His disorder was controllable with medication. The only aggravating factor for sentencing him to the Hard 50 was the fact that he, in one continuous act, killed Ms. Lowery with a hammer. He started swinging a hammer and couldn't stop. His remorse was evidenced by the fact that he turned himself in the next morning. He didn't run. He didn't hide. He recognized that his drug induced, possibly psychotic, episode resulted in the tragic death of Ms. Lowery. He lost control of himself, but was willing to accept responsibility for his acts."
The evidence of psychotic disorder came from the report sent to the district court relative to the evaluation requested by the defense as to