Review the following facts:

A man shot and killed a woman he had been dating. The sentencing phase of his trial presented 2 aggravating circumstances:

1. the murder was cold, calculated and premeditated without any pretense of justification (which was not shown beyond a reasonable doubt)

2.thedefendant had been convicted of violent felonies

Three mitigating circumstances presented:

1.theoffense was committed while the defendant was high on cocaine

2.thedefendant's capacity to appreciate the criminality of the offense was substantially impaired

3.thedefendant suffered personality changes from the drug use and severed relationship with the victim

How would you weigh the factors presented in determining the appropriateness of the death penalty for this offender? Explain.