7 James T. Rowan of the capital defense litigation team was appointed to represent Petitioner. Petitioner also had local counsel, Phil Hurst. Counsel filed several motions. Pursuant to a local court rule, the trial court ordered counsel to submit a brief in support of each motion, in addition to the motion itself. Although counsel filed a memorandum brief in support of a motion for change of venue, the record does not reflect an actual motion for change of venue was filed; nor does it indicate affidavits by county residents were filed, as required by 22 O.S. 1991  561 [22-561]. The trial court ordered stricken the motions not supported by brief; apparently (though never specifically stated), the brief not supported by motion for change of venue was stricken at the same time.

8 After the plea, Mr. Rowan signed and filed on Petitioner's behalf a "Motion to Withdraw Nolo Contendere Plea and Have Attorney Appointed to Represent Him." The motion alleged the plea was involuntary. New counsel was requested "in order to allow the Defendant full latitude in exploring any grounds he may have to in support of his motion to withdraw his Nolo Contendere plea."

9 At the September 21 hearing, Mr. Rowan was present, but not as Petitioner's counsel. According to the court, the Indigent Defense System had made arrangements for another attorney to represent Petitioner at the hearing; however, that attorney was not present, and the record is otherwise silent. Petitioner then elected to proceed pro se. He now claims the record was insufficient to show his decision to proceed pro se was voluntarily or knowingly made. We disagree.

10 A waiver of counsel is valid only if it is done knowingly and voluntarily. See Johnson v. Zerbst, 304 U.S. 458, 58 S.Ct. 1019, 82 L.Ed. 1461 (1938). A record of the knowing and voluntary waiver is mandatory, and absent a sufficient record, waiver will not be found. Lineberry v. State, 668 P.2d 1144, 1145-46 (Okl.Cr. 1983). We have held repeatedly that the record must show the trial court advised the defendant of the dangers and disadvantages of self-representation to establish a record sufficient to support valid waiver of counsel. See Stevenson v. State,

11 In Swanegan, we said that before an accused may represent himself or herself, the trial court is required to determine whether the accused has the capacity to make a valid waiver of right to counsel. The court must then examine the defendant and determine whether the waiver is voluntary, knowing and intelligent. In doing this, the trial judge must clearly explain to the defendant the inherent disadvantages in such a waiver. Id; see also Coleman v. State, 617 P.2d 243, 245-46 (Okl.Cr. 1980).

12 Whether there has been a valid waiver of right to counsel is to be determined from the total circumstances of the individual case including background, experience and conduct of the accused. United States v. Warledo, 557 F.2d 721 (10th Cir. 1977). Further, where a defendant elects self-representation, he may not later be heard to complain that he was denied effective assistance of counsel. Green v. State, 759 P.2d 219, 221 (Okl.Cr. 1988), citing Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975), and Johnson, 556 P.2d at 1297.

13 An examination of the record before this Court shows the trial court began with the observation Petitioner had the right to represent himself, adding a caveat the court must be satisfied Petitioner understood what he was doing and was not coerced, pressured or threatened into doing so. He then asked Petitioner if he wanted to represent himself. Petitioner responded:

(WD Tr. 4). Petitioner then reaffirmed he knew another attorney had been appointed for him, but that attorney had not contacted him.

(WD Tr. 5). The court then said:

(WD Tr. 5); to which Petitioner responded:

(WD Tr. 5-6). He added he was under no pressure, and no promises had been made. In response to yet another question from the court, Petitioner said he wanted to represent himself at that time. The court then repeated his offer of a delay, saying he would "put this hearing off in a second attempt, if you will, to have an attorney here to represent you." Petitioner said he understood that, adding he would prefer to proceed pro se (WD Tr. 6). The court again pressed the question, stating:

(WD Tr. 7-8). After being warned he could be cross-examined if he took the stand, Petitioner replied:

Based on this exchange, the court found the waiver was knowing and voluntary (WD Tr. 9).

14 This record shows Petitioner was offered counsel but intelligently and understandingly rejected the offer, that he knew what he was doing and his choice was made "with eyes open." Adams v. United States ex rel. McCann, 317 U.S. 269, 279, 63 S.Ct. 236, 87 L.Ed. 268 (1942). The waiver of counsel was both knowing and voluntary.

15 It is clear Petitioner was impatient as well as dissatisfied with his jail cell. However, that does not mean he did not knowingly and intelligently waive his right to counsel at the hearing. As we said in Johnson,

Johnson, 556 P.2d at 1294. Or, put another way:

United States v. Willie, 941 F.2d 1384, 1390 (10th Cir. 1991), cert. denied, 502 U.S. 1106, 112 S.Ct. 1200, 117 L.Ed.2d 440 (1992) (quoting United States v. Allen, 895 F.2d 1577, 1578 (10th Cir. 1990)).

16 Accordingly, this proposition is without merit under the total circumstances of this case. ³

III.

17 For his second proposition, Petitioner claims his trial counsel was ineffective. He claims that but for counsel's improper handling of the motion for change of venue, he would not have pled nolo contendere and would have insisted on going to trial. In addition to his own testimony, Petitioner called Mr. Rowan, who said he should have properly filed the motion for change of venue, but did not, and had no strategic reason for not doing so.

A.

18 Petitioner correctly cites Hill v. Lock-hart, 474 U.S. 52, 106 S.Ct. 366, 88 L.Ed.2d 203 (1985) as the proper law for ineffective assistance of counsel in guilty plea cases. Under that standard, in order to obtain relief for ineffective counsel after a guilty plea, a petitioner must show first "counsel's representation fell below an objective standard of reasonableness." Id., 474 U.S. at 57, 106 S.Ct. at 369 (citing Strickland v. Washington, 466 U.S. 668, 687-88, 104 S.Ct. 2052, 2064-65, 80 L.Ed.2d 674 (1984)). Second, a petitioner must show prejudice, which in the context of a guilty plea "focuses on whether counsel's constitutionally ineffective performance affected the outcome of the plea process." Id. 474 U.S. at 59, 106 S.Ct. at 370. Or, as the Court rephrased the requirement, a petitioner "must show that there is a reasonable probability that, but for counsel's errors, he would not have pleaded guilty and would have insisted on going to trial." Id. See also Medlock v. State,

19 For reasons stated below, we need not address whether counsel's representation fell below an objective standard of reasonableness, as we find nothing in the record showing that but for any alleged substandard representation, Petitioner would not have pled nolo contendere and would have insisted on going to trial.

B.

20 Initially, although he had ample opportunity to do so, Petitioner at no time during his nolo plea complained of his counsel's performance. To the contrary, when asked, Petitioner said he was satisfied with his counsel's representation. He qualified this statement during the hearing on the application to withdraw the plea by saying he felt representation was good and pleading was his best option of the options available to him at the time, after the court refused to consider his motion for change of venue. He also admitted he made no mention of his complaint against counsel at the sentencing hearing, saying he did not think there would be any point in doing so.

21 More telling is Petitioner's response to the prosecutor's question concerning the sentence received. During cross-examination, the following exchange occurred:

(WD Tr. 19-20; see also statement by counsel at WD Tr. 50). Petitioner also admitted his plea was not involuntary.

22 Also entering into Petitioner's calculus was his wish to personally speak to the jury. Petitioner testified that, even after the change of venue was stricken, Petitioner asked his counsel to file a motion to allow him to argue before the jury during the penalty phase for ten or fifteen minutes. If that was successful, Petitioner testified he would "go with the jury." (WD Tr. 13). On the other hand, if the motion was denied, Petitioner said he would "go ahead with the plea" (WD Tr. 13, 48).

23 This evidence, combined with his failure to complain of counsel during two earlier hearings despite opportunities to do so, and his prior experiences with the judicial system, negates Petitioner's testimony that but for counsel's errors, he would have not pleaded nolo contendere and would have insisted on going to trial. See Wilhite v. State, 845 S.W.2d 592, 595 (Mo. Ct. App. 1992). From this, it seems clear Petitioner pled nolo contendere not because he failed to get a change of venue, but because he would not be allowed to speak to the jury and he received the death penalty.

24 Petitioner admitted he elected to plead in front of the judge because he thought he had a better chance of receiving life without parole. Under the circumstances, this seems a sound strategic choice. Medlock, 887 P.2d at 1345; Estell, 766 P.2d at 1382. ⁴

C.

25 Dissatisfaction with sentence aside, Petitioner has failed to show prejudice as it is defined in Hill. This Court has never discussed extensively the "prejudice" prong of incompetent counsel in guilty pleas. Here, such a discussion is beneficial to further show why reversal is not warranted.

26 A petitioner in most instances must do more than simply testify that but for counsel's errors, he would not have pled guilty or nolo contendere and would instead have insisted on going to trial. We do not think it would surprise courtroom observers to know most defendants who received a death sentence after a plea would seek to withdraw that plea. Accordingly, any court would tend to cast a suspicious eye toward testimony from a person whose credibility on the subject is at best suspect.

27 The Supreme Court, too, requires more than a simple assertion by a defendant.

Hill, 474 U.S. at 59-60, 106 S.Ct. at 370-71; see also State v. Soto, 121 Idaho 53, 822 P.2d 572, 574 (Idaho Ct.App. 1991). Here, we must therefore examine the evidence to determine if the motion for change of venue would have succeeded; and if such a motion would have changed the outcome of a trial.

1.

28 We begin by addressing Petitioner's complaint his trial counsel did not file the three affidavits in support of a motion as required by 22 O.S. 1991 � 561 [22-561]. We have "held as early as 1916, and consistently since, that the affidavits raise a question just as any other question of fact that might be submitted to the trial judge, and unless it is clear that he has abused his discretion, or committed error in his judgment, his finding and judgment will not be disturbed by this Court." Walker v. State, 723 P.2d 273, 278 (Okl.Cr.), cert. denied, 479 U.S. 995, 107 S.Ct. 599, 93 L.Ed.2d 600 (1986) (quoting Johnson, 556 P.2d at 1289). Therefore, although statutorily required, the act of filing the affidavits do not in and of themselves dispose of the issue.

2.

29 We then observe the rebuttable presumption an accused can receive a fair trial in the county in which the offense occurred and the burden of persuasion is on the accused, who must show actual exposure to the publicity and resulting prejudice by clear and convincing evidence. Brown v. State, 871 P.2d 56, 62 (Okl.Cr.), cert. denied, ___ U.S. ___, 115 S.Ct. 517, 130 L.Ed.2d 423 (1994); Shultz v. State, 811 P.2d 1322, 1329-30 (Okl.Cr. 1991). Merely showing that pre-trial publicity was adverse to him is not enough. Id.; Bear v. State,

30 In those instances, we have applied a two-pronged test to determine whether juror knowledge and pre-trial publicity violated due process. Shultz, supra. We have adopted the two-part test set forth by the United States Supreme Court to aid an appellate court in reviewing allegations of due process violations arising from prior knowledge by jurors and pre-trial publicity. See Murphy v. Florida, 421 U.S. 794, 95 S.Ct. 2031, 44 L.Ed.2d 589 (1975).

31 First, there are cases in which prejudice will be presumed, if the fact pattern reveals "the influence of the news media, either in the community at large or in the courtroom itself, pervaded the proceedings." Id. at 799, 95 S.Ct. at 2035. The key to this standard appears to be the "solemnity and sobriety to which a defendant is entitled in a system that subscribes to any notion of fairness and rejects the verdict of the mob." Id. If the facts are not sufficiently egregious to give rise to the presumption, the "totality of circumstances" will be examined to determine whether the defendant received a trial which was "fundamentally fair." Id. At a trial, a review of the case should focus on the voir dire statements of the individual jurors, voir dire statistics, and the community atmosphere as reflected in the news media. Id. at 800-08, 95 S.Ct. at 2036-40.

32 In the present case, we find nothing in the record to indicate the influence of the news media pervaded the proceedings, nothing to show a "barrage of inflammatory publicity or that the jurors were predisposed to convict." Shultz, 811 P.2d at 1330. We recognize we have previously denied Petitioner's attempts to supplement the record with Exhibits A through FFF, consisting of newspaper articles from the Daily Ardmoreite and The Daily Oklahoman which relate to Petitioner's case. See Order Denying Motion to Supplement filed July 28, 1994, and Order Denying Motion to Reconsider filed August 31, 1994. We find now, as we did then, the mere fact pretrial publicity was adverse to him is not enough. See Gregg v. State, 844 P.2d 867, 871 (Okl.Cr. 1992). Petitioner did not assert that although the details in the articles may not have been flattering, they were not factual and were invidious or inflammatory in nature. See Rojem v. State, 753 P.2d 359, 365 (Okl.Cr.), cert. denied,

Id. We also find it somewhat dispositive that the publicity occurred over a four-year period. See Hayes v. State, 738 P.2d 533, 538 (Okl.Cr. 1987), vacated on other grounds, 486 U.S. 1050, 108 S.Ct. 2815, 100 L.Ed.2d 916 (1988) (of 27 news articles presented, all were published one and one-half years before trial). Accordingly, we see nothing to indicate the news media pervaded the proceedings.

33 In the absence of allegations of such egregious publicity, we refuse to apply the presumption that a due process violation occurred in this case. Bear, 762 P.2d at 953; Harvell v. State, 742 P.2d 1138, 1141 (Okl.Cr. 1987).

34 If the facts are not sufficiently egregious to give rise to a presumption of prejudice, the totality of the circumstances will be examined to determine whether the accused received a trial which was fundamentally fair. Murphy, 421 U.S. at 799, 95 S.Ct. at 2035-36. Again, we observe "[q]ualified jurors need not . . . be totally ignorant of the facts and issues involved." Id. at 799-800, 95 S.Ct. at 2036. As this Court has observed:

Rowbotham v. State, 542 P.2d 610, 615-16 (Okl.Cr. 1975), modified on other grounds, 428 U.S. 907, 96 S.Ct. 3218, 49 L.Ed.2d 1215 (1976) (quoting Irvin v. Dowd, 35 In the past, we have rejected claims that extensive publicity necessitated reversal. See e.g., Dutton v. State, 674 P.2d 1134, 1137 (Okl.Cr. 1984) (Despite fact a co-defendant was granted a change of venue, Appellant failed to overcome the presumption that he was able to receive a fair trial); Stafford v. State, 669 P.2d 285, 290 n. 1 (Okl.Cr. 1983), vacated on other grounds,

36 Having determined that a change of venue, even if properly presented, would in all probability not have been successful, we examine whether, even if one had been granted, Petitioner would have been assessed a penalty of life or life without parole. We have set out the evidence in aggravation below. Based on this evidence, we do not find error, and find it was not imposed under the influence of passion or prejudice.

D.

37 Petitioner also argues he should be allowed to withdraw his plea because he was misled by the trial court into believing he would get life without parole. This is not supported by the record.

38 Petitioner claims co-counsel Phil Hurst had a telephone conversation with the judge, who reportedly said he could not believe the prosecutor was not pleading out the case for a life without parole sentence, given the fact Petitioner was required to serve a total of 126 years on his sentences in New Mexico and Kansas before he would be eligible for parole. The judge also reportedly mentioned the economics of sentencing someone to death during the telephone conversation. Based on these comments, Petitioner claims he and his attorneys believed he would receive life without parole if he pled nolo contendere.

39 Other evidence weakens his argument, however. During the plea and sentencing hearings, no mention was made of this reported conversation, even though Petitioner was given an opportunity to speak. The transcript makes it clear Petitioner was told he could receive the death penalty, even on a plea of nolo contendere; and that the prosecutor would seek the death penalty on a plea (P Tr. 11). The judge also informed Petitioner what evidence must be presented before the court could consider the death penalty; and if the death penalty were assessed, an appeal would be automatic (P Tr. 12).

40 In addition to that evidence, Petitioner admitted on cross-examination during the hearing on his application to withdraw his plea his attorneys told him he would have a "fifty-fifty shot" of receiving life or life without parole, compared to only about a "ten percent shot" with a jury (WD Tr. 18). That Petitioner knew he could possibly receive the death penalty even after the purported telephone conversation between defense counsel and the judge together with his admission he was aware of the possibility he could receive the death penalty (WD Tr. 21); his admission he "rolled the dice" and took his chances (WD Tr. 37); and the belief of counsel the judge was "more insulated from public opinion than a jury would be" (WD Tr. 48)  indicates he was not misled by anything that may have been said in that conversation.

41 It is this factual difference which renders Petitioner's sole authority on this point invalid. In Porter v. State, 58 Okl.Cr. 54, 49 P.2d 234 (1935), statements by the prosecutor actively misled the defense attorney to advise his client to plead guilty. Here, the prosecutor did not mislead Petitioner. Nor did the trial court. Nowhere did Petitioner allege the court promised a life without parole sentence on a guilty plea; indeed, there was no evidence at all to even indicate the court intended the private, ex parte conversation even if made to be taken as an indication of what the court would do if faced with a guilty plea. It is because there was no action by the State, either by the prosecutor or the court, that Petitioner's allegation here fails.

42 The record before us indicates Petitioner relied on his attorneys' knowledge of the law, and their instincts. That is not improper, and does not warrant allowing the plea to be withdrawn.

43 In Brady v. United States, 397 U.S. 742, 90 S.Ct. 1463, 25 L.Ed.2d 747 (1970), the petitioner had been charged under federal statutes with kidnapping. He entered a knowing and voluntary plea of guilty. Nine years after the plea, the Court held federal provisions providing for the death penalty only upon the recommendation of the jury was unconstitutional. Based on this, Brady sought to withdraw his plea. The Court held the new ruling was of no avail to Brady. In addition the possibility that his plea might have been influenced by an erroneous assessment of the sentencing consequences if he had proceeded to trial did not render his plea invalid. The Court observed:

Id., 397 U.S. at 756-57, 90 S.Ct. at 1473. Similarly, the Court held in McMann v. Richardson, 397 U.S. 759, 90 S.Ct. 1441, 25 L.Ed.2d 763 (1970), that a counseled defendant may not make a collateral attack on a guilty plea on the allegation that he misjudged the admissibility of his confession. "Waiving trial entails the inherent risk that the good-faith evaluations of a reasonably competent attorney will turn out to be mistaken either as to the facts or as to what a court's judgment might be on given facts." Id. at 770, 90 S.Ct. at 1448. See also Tollett v. Henderson, 411 U.S. 258, 267-68, 93 S.Ct. 1602, 1608, 36 L.Ed.2d 235 (1973), where the Court observed:

Id. (citations omitted). See also Wellnitz v. Page, 420 F.2d 935, 936-37 (10th Cir. 1970) (While a reckless promise by counsel may necessitate relief, an attorney may offer a prediction, "based upon his experience or instinct," of the sentence possibilities a defendant should weigh in determining upon a plea. "An erroneous sentence estimate by defense counsel does not render a plea involuntary. And a defendant's erroneous expectation, based on his attorney's erroneous estimate, likewise does not render a plea involuntary." (citations omitted)).

44 Accordingly, this subproposition is without merit.

E.

45 Petitioner also claims his plea was invalid because he did not voluntarily and intelligently waive his right to a trial by a fair and impartial jury. For the reasons given above, this is without merit. Petitioner has failed to show that a change of venue would have been successful; or, if it had, the outcome would have been different, given the overwhelming evidence against him. Additionally, the record before this Court shows the trial court painstakingly inquired of Petitioner as to all his rights, and that Petitioner waived each and every right afforded to him, including the right to a trial by jury.

F.

46 For the reasons stated above, we find that, even if his attorney had properly lodged his motion for change of venue, the outcome of the proceedings would have not changed. Accordingly, we find no merit to Petitioner's second proposition of error.

IV.

47 For his third proposition, Petitioner argues there was insufficient evidence to support two aggravating circumstances: the murder was committed for the purpose of avoiding or preventing a lawful arrest or prosecution; and the existence of a probability that the defendant would commit criminal acts of violence that would constitute a continuing threat to society. Petitioner does not contest the evidence in support of the aggravating circumstance he knowingly created a great risk of death to others. We shall address them in that order.

A.

48 Concerning the aggravating circumstance the murder was committed to avoid a lawful arrest or prosecution, Petitioner is correct in stating this Court requires more evidence than simply showing a potential witness was killed during a robbery. The prosecution must prove evidence of the defendant's intent at the time of the murder. Stouffer v. State, 738 P.2d 1349, 1361-62 (Okl.Cr.), cert. denied, 484 U.S. 1036, 108 S.Ct. 763, 98 L.Ed.2d 779 (1987); Banks v. State,

49 After Petitioner obtained the money from the shop's cash register, he was ordering the shop workers into the back room when Ms. Manning came in through the shop's front door. At that point, Petitioner hesitated, then told Ms. Beane to call the customer to the rear of the store. Ms. Beane implored him not to have her called back there, as there was no evidence she knew Petitioner was there. In response, Petitioner momentarily hesitated "as if this was a thought" (S.Tr. 16). He quickly changed his mind, however, ordering the woman back. In the light most favorable to the prosecution, Brown, 871 P.2d at 76, this shows he did not want to be detected by someone else after the robbery, or run the risk the sounds of gunshots would draw attention from someone in the front of the store.

50 Petitioner argues the evidence by his psychological experts shows he wanted to kill the women to experience some kind of emotional or psychological release; and it was this, not to avoid arrest or prosecution, which was the motive for the murder. Even if this were true, it does not preclude the likelihood he killed to avoid arrest for the robberies. Had Petitioner been caught, he would be unable to kill again and would be unable to attain the emotional release he points to on appeal.

51 This subproposition is without merit.

B.

52 Petitioner next argues there was insufficient evidence to support the court's finding there existed a probability the defendant would commit criminal acts of violence that would constitute a continuing threat to society. Petitioner acknowledges the murder not only in Oklahoma, but also two in Kansas and one in New Mexico. He argues his four life sentences (together with an additional consecutive 30 years) in Kansas, which will run consecutive not only to the life (and 15-year) sentence in New Mexico but also to each other, preclude the possibility of his ever being a threat to the citizens of Oklahoma.

53 There is also evidence presented by Petitioner himself that he suffers from a severe borderline personality (or even antisocial personality) disorder, a disorder for which there is no cure but only therapy to lessen its effects. Petitioner points to evidence his experts said there was a possibility the disorder's effects would lessen over time. These same experts also admitted there was a possibility Petitioner would be dangerous for the rest of his life, even with treatment. Moreover, the evidence showed there was no way to accurately predict when his outbursts would occur.

54 Petitioner acknowledges the disorder, but argues it should be viewed as mitigation, not evidence in aggravation. We need not draw a "bright line" on the use of this evidence, as Petitioner urges; because in addition to this disorder, the evidence showed Petitioner harbored a deep-seated bitterness and hostility toward authority figures. This makes him a danger not only to other inmates, but also prison officials and employees. This was reenforced by evidence showing that, even while incarcerated and therefore not likely on illicit drugs or alcohol, Petitioner had assaulted a guard in the New Mexico prison system; and Kansas officials twice found homemade weapons in his jail cell.

55 We have previously held "society" can apply to a prison population. See Berget v. State, 824 P.2d 364, 374 (Okl.Cr. 1991), cert. denied, 506 U.S. 841, 113 S.Ct. 124, 121 L.Ed.2d 79 (1992); see also Brown, 871 P.2d at 77 n. 9 ("[W]e are not able to ascertain how many others in society Appellant could threaten should they become an irritant to him. It is the attitude and actions of Appellant himself, not the number of people threatened, which determines whether he might commit future acts of violence and be a threat to society.") And despite Petitioner's assertions to the contrary, there does exist the possibility, however small, Petitioner could one day be returned to Oklahoma even if his death sentence were to be set aside. This possibility, together with his past crimes and his attitude toward authority figures, more than amply supports the court's finding Petitioner would be a continuing threat to society.

56 In light of our holding, we need not address Petitioner's third subproposition, that there is insufficient evidence in aggravation to survive reweighing.

57 This proposition is without merit.

V.

58 Petitioner alleges in his fourth proposition of error the aggravator that the murder was committed for the purpose of avoiding or preventing a lawful arrest or prosecution has been interpreted in an unconstitutionally vague manner. We have previously held this aggravating circumstance requires that there be a predicate crime, separate from the murder, for which the appellant seeks to avoid arrest or prosecution. Barnett, 853 P.2d at 233. There, we explained:

Id. at 234. See also Castro v. State, 844 P.2d 159, 175 (Okl.Cr. 1992), cert. denied, ___ U.S. ___, 114 S.Ct. 135, 126 L.Ed.2d 98 (1993), where we held our interpretation of this aggravating circumstance was not unconstitutional.

59 This proposition is without merit.

VI.

60 Appellant next contends the aggravating circumstance of continuing threat is constitutionally vague and overbroad. We have repeatedly addressed this complaint and have repeatedly found it lacking. See Brown, 871 P.2d at 73, and cases cited therein. We do so again. This fifth proposition is wholly without merit.

VII.

61 In his sixth proposition, Petitioner contends his death sentence must be vacated because the "great risk of death" aggravating circumstance ⁷ is being interpreted in an unconstitutional manner.