dissenting: The majority opinion holds the evidence was insufficient to support the jury’s finding that the murder was committed in an “especially heinous, atrocious or cruel manner.” K.S.A. 1993 Supp. 21-4625(6). The standard for appellate review of this finding is whether a rational factfinder reviewing all the evidence, viewed in the light most favorable to the prosecution could find the existence of this fact beyond a reasonable doubt. State v. Alford, 257 Kan. 830, 837-38, 896 P.2d 1059 (1995).
The evidence established a history of defendant’s escalating violence toward Ms. Chaffee prior to his moving out of the residence on July 30. In the days that elapsed before her August 11 death, Ms. Chaffee was obviously in terror of defendant. She believed she was being stalked by the defendant. When she visited her daughter at a local hospital at night, she had the security guard accompany her to her automobile. The three other women living in the residence were also frightened for her. During this period, because of noises and door rattling, the four women believed defendant was repeatedly returning to the house and attempting to gain entry. Police were called to check the house at least twice. Defendant called daily, sometimes five or six times a day. A friend of the group gave them a life-size cardboard cutout of Bill Cosby which they moved around the house in hopes that defendant would think a man was living there and would leave Ms. Chaffee alone. Because of their fear of defendant, each of the women checked the locks on the doors and windows before going to bed; they left the outside lights on for further protection. All three of the other women knew that Ms. Chaffee was in danger, and they were afraid of what would happen if defendant became angry.
On August 8, Ms. Chaffee was at church, and her minister noticed that she was nervous and fidgety. The Reverend asked if she was okay. Ms. Chaffee told her she was frightened and that she had to hurry up and get home.
*537On August 9, defendant told this same minister that he was going to be hurting someone he loved. On August 10, defendant told Ms. Chaffee that if he could not have her, no one could have her. That evening, all four women went to bed after their nightly ritual of checking the locks on the doors and windows. The last two women to retire heard noises before they went to bed but could not identify them.
Sometime during the early morning hours of August 11, defendant unscrewed the outside patio light and jimmied a bedroom window on the first floor. Defendant knew that that bedroom’s occupant had been sleeping in the living room because her waterbed was being repaired.
Defendant entered the house, where four women and two infants were sleeping, carrying an ax that was 36 inches from top to bottom. Each sharpened edge was 4Vz inches long. He disabled the telephone by pulling the line out. Defendant carried his ax by two sleeping women and two infants. He descended the basement stairs and walked by another sleeping woman to Ms. Chaffee’s room. Defendant hit Ms. Chaffee in the head as many as eight times with the ax.
Ms. Chaffee was found face down in her bed with her bedroom slippers on. A light was on downstairs that had not been on the night before.
Defendant entered the house with the plan and intent to kill Ms. Chaffee with an ax. His disablement of the telephone lines shows he was not relying on stealth for the killing or escape. Only two people know exactly what went on in that basement room — defendant and victim. The victim cannot testify — multiple blows to her head with an ax made sure of her unavailability. She was found in bed wearing her slippers. Did he tell her what he was going to do and then make her lie face down on the bed? Was she paralyzed by the first blow, but conscious? The victim cannot tell us.
In our society, the very thought of being the object of an ax murderer’s rage is the ultimate horror, the stuff of which nightmares are made and on which Hollywood and television feed. This was the manner defendant chose for his victim’s death.
*538The jury heard all of the evidence, considered whether this murder was committed in an especially heinous, atrocious, or cruel manner, and concluded that it was. The record viewed in the light most favorable to the prosecution is legally sufficient to support this finding. I would affirm defendant’s hard 40 sentence.