With no explanation, chose the best option from "A", "B", "C" or "D". in his own car. When the pillowcase was taped over his head and he could no longer see where he was being taken, he had to know that his death was imminent. This type of prolonged psychological torture has been held to support the finding of the § 13A-5-49(8) aggravating circumstance. See, e.g., Ziegler v. State, 886 So.2d 127 (Ala.Crim.App.2003), sentence aff'd on return to remand, 886 So.2d at 150 (Ala.Crim.App.2003)(uphold-ing finding of § 13A-5-49(8) aggravating circumstance after defendant participated in “prolonged brutal beating of the slightly built victim, and then led him down a dark road and into the wooded area where, without a doubt, [the victim] was filled with terror and the knowledge that his death was imminent”); Ex parte Whisenhant, 555 So.2d 235, 243-44 (Ala.1989)(<HOLDING>). The trial court’s determination that the

A: holding that an aggravating circumstance in the georgia death penalty statute was unconstitutionally vague
B: recognizing that the fear experienced by the victim before death is a significant factor in determining the existence of this aggravating circumstance
C: holding that sixth amendment requires that a jury not a judge find the existence of any aggravating circumstance and that they be found beyond a reasonable doubt
D: recognizing that even a nonunanimous recommendation of death by the jury proved that the jury including the jurors who voted against the recommendation of death had unanimously found the existence of a proffered aggravating circumstance even though the circumstance was not included within the definition of the particular capitalmurder offense charged in the indictment because the trial court had specifically instructed the jury that it could not proceed to a vote on whether to impose the death penalty unless it had already unanimously agreed that an aggravating circumstance existed
B.