State v. Nelson, 294 P.3d 323

Nelson was convicted of first-degree premeditated murder and additional burglary and forgery offenses related to Swartz’s death and his thefts.
On direct appeal, the court affirmed convictions but reversed and remanded the hard 50 term for murder due to an incorrect standard.
On remand, the same judge resentenced Nelson, taking judicial notice of trial and prior sentencing transcripts while allowing new evidence.
The district court found three aggravating factors by a preponderance: avoid/prosecution for burglary/forgery, impede Swartz’s testimony, and heinous/atrocious/cruel conduct.
In mitigation, the court credited Nelson’s claim of physical abuse by Swartz during childhood; it found no established sexual abuse by a preponderance.
The court reimposed a hard 50 sentence, holding any one aggravator could outweigh the mitigating factor; Nelson appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the hard 50 is properly weighed.	Nelson argues three aggravators outweigh mitigation.	Swartz’s abuse mitigation may not overcome aggravators.	No abuse of discretion; aggravators suffice to support hard 50.
Whether aggravators were proved by a preponderance.	Three aggravators were established by a preponderance.	Weight of aggravators challenged by Nelson.	Aggravators proven by a preponderance.
Standard of appellate review for hard 50 weighing.	Discretion misapplied if unreasonable weighing.	Review under abuse of discretion is appropriate.	Appellate standard confirms district court did not abuse discretion.

State v. Appleby, 289 Kan. 1017 (2009) (abuse-of-discretion standard for hard 50 weighing)
State v. Engelhardt, 280 Kan. 113 (2005) (one aggravating circumstance can outweigh mitigating factors)
State v. Ward, 292 Kan. 541 (2011) (definition of abuse of judicial discretion in sentencing)