§ 16-97-102 - Sentencing by the court.
16-97-102. Sentencing by the court.
The following procedure shall govern sentencing by the court:
(1) When either party requests to present evidence relevant to sentencing, the court shall hear or receive such evidence and any rebuttal by the opposing party.
(2) If neither party requests a sentencing hearing, the court may order one or may order a presentence investigation pursuant to 5-4-102.
(3) The court may hear or may request argument relevant to the appropriate sentence following either a hearing or a presentence investigation.