What is the test for establishing torturous intent of a defendant in a murder case?

Defendant's intent may be established by examining the circumstances of the crime, e.g., the nature and severity of the victim's wounds, or defendant's statements revealing his state of mind during the crime. (People v. Hajek and Vo, supra, 58 Cal.4th 1144, 1187-1188.) Infliction of nonlethal wounds may demonstrate defendant's sadistic intent to cause the victim to suffer pain in addition to the pain of death. (Id. at p. 1188.) Evidence of the victim's binding or gagging that renders him unable to resist any violence is also relevant to establishing defendant's torturous intent. (Ibid.)