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subjected to serious physical abuse before death. [Cit.] Serious sexual abuse may be found to constitute serious physical abuse. [Cit.] Torture also occurs when the victim is subjected to an aggravated battery as hereinabove defined.... Insofar as aggravated battery and torture are concerned, only facts occurring prior to death may be considered. The death of a victim who dies instantaneously with little or no forewarning does not involve torture or aggravated battery ( [cits.] ); i.e., only facts showing aggravated battery or torture (as hereinabove defined), which are separate from the act causing instantaneous death, will support a finding of torture or aggravated battery. The instantaneous death of a victim as a result of being killed by a shotgun, although the scene of death be gruesome (no other facts appearing), does not constitute torture, aggravated battery or depravity of mind. ( [Cit.] ) Where only facts occurring prior to death are relied upon to support a finding of torture or aggravated battery, the fact that the victim was tortured or was the victim of an aggravated battery will also support a finding of depravity of mind of the defendant; i.e., a defendant who tortures the victim or subjects the victim to an aggravated battery before killing the victim can be found to have a depraved mind.’ Hance v. State, 245 Ga. 856, 861-862(3) (268 S.E.2d 339) (1980). See also West v. State, 252 Ga. 156, 161-162 (313 S.E.2d 67) (1984)(Appendix)(providing the pattern jury charge on torture to be given upon the defendant's request); Krier v. State, 249 Ga. 80, 88-89(7) (287 S.E.2d 531) (1982); Patrick v. State, 247 Ga. 168, 169 (274 S.E.2d 570) (1981). With respect to an aggravated battery ‘alleged to have been committed upon the person who is also the murder victim, the same limitations ... apply to the § (b)(2) circumstance as to the § (b)(7) circumstance.’ Davis v. State, 255 Ga. 588, 594(3)(c) (340 S.E.2d 862) (1986).” Evidence here supported aggravated circumstance of aggravated battery based on “the evidence that the victim’s death was not instantaneous. … Likewise, the jury's finding of torture was supported by the evidence that the victim's death was not instantaneous, but was preceded by serious sexual abuse, as well as the serious physical abuse which constituted the aggravated batteries. See Loyd v. State, [288 Ga. 481 (4)(b), 705 S.E.2d 616 (January 10, 2011); Hall v. Terrell, [285 Ga. 448, 679 S.E.2d 17 (2009)], supra; Jones v. State, 279 Ga. 854, 860(7)(b) (622 S.E.2d 1) (2005); Hance v. State, supra. The authorized findings of aggravated battery and torture also support a finding of depravity of mind. See Loyd v. State, supra; Perkins v. State, [269 Ga. 791, 796(6) (505 S.E.2d 16) (1998)]; Hance v. State, supra at 862(3). Furthermore, the shocking and vicious nature of the victim's murder by stomping and kicking authorized the jury to find that the murder was outrageously or wantonly vile, horrible, or inhuman.” Loyd v. State, 288 Ga. 481, 705 S.E.2d 616 (January 10, 2011). At bench sentencing trial following guilty plea to capital murder, trial court properly found existence of aggravating circumstances (b)(7), that the “murder was outrageously or wantonly vile, horrible, or inhuman in that it involved torture to the victim and depravity of mind of the defendant.” Defendant here kidnapped, sexually assaulted, and strangled to death a three-year old boy. “See Hance v. State, 245 Ga. 856, 861-862(3) (268 S.E.2d 339) (1980) (holding that torture occurs when the victim is subjected to serious physical abuse before death, that serious sexual abuse may constitute serious physical abuse, that facts supporting a finding of torture will also support a finding of depravity of mind, and that the age of the victim may be considered in determining whether the evidence shows depravity of mind). Accord Presnell v. State, 274 Ga. 246, 248(1) (551 S.E.2d 723) (2001) (finding evidence sufficient to authorize a finding of the two subparts of the § (b)(7) aggravating circumstance, torture and depravity of mind, where the defendant planned his crimes, abducted his eight-year-old victim, threatened to kill her, took her to a remote area, made her strip naked, forced her to watch as he raped her friend, chased her when she tried to escape, and held her head underwater where she struggled for several minutes before dying).” Arrington v. State, 286 Ga. 335, 687 S.E.2d 438 (November 9, 2009). Defendant’s death sentence not disproportionate based on armed robbery and beating death of disabled female , showing that “the murder was outrageously or wantonly vile, horrible, or inhuman in that it involved depravity of mind.” “The evidence showed that he struck Hutchens in the head with a hammer and a metal stool at least 12 to 14 times with sufficient force to cause the skull to ‘cave in on itself’ and to be ‘essentially punched into the cranial cavity’ and that he acted for the purpose of obtaining the money she had just received from cashing her disability check.” Hall v. Terrell, 285 Ga. 448, 678 S.E.2d 17 (June 1, 2009). “[A]s the trial court correctly charged the jury, depravity of mind may be proven by showing that the deceased body of the victim was subjected to mutilation or serious disfigurement. West v. State, 252 Ga. 156, 161-162 (313 S.E.2d 67) (1984). ‘A defendant cannot insulate himself from imposition of the death penalty on the basis of [OCGA § 17-10-30] by beating his victim to death in such a manner that it cannot be determined when the fatal blow was struck.’ Patrick v. State, 247 Ga. 168, 170 (274 S.E.2d 570) (1981).” Dalton v. State, 282 Ga. 300, 647 S.E.2d 580 (July 13, 2007). Evidence supported jury’s finding “that the offense of murder was outrageously or wantonly vile, horrible, or inhuman in that it involved depravity of mind where fatal victim was shot in the head after pleading for her life, all while her 10-year-old child watched. Child was kidnapped with mother and sat next to her on sofa when fatal shot was fired. Based on McMichen v. State, 265 Ga. 598(2) (458 S.E.2d 833)

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