§ 12-19.2-2 - Sentencing procedures – Trial by judge sitting without a jury.
SECTION 12-19.2-2
§ 12-19.2-2 Sentencing procedures –Trial by judge sitting without a jury. – In all cases tried by a judge sitting without a jury in which the penalty oflife imprisonment without parole may be imposed pursuant to § 11-23-2 or11-23-2.1, and in which the attorney general has recommended to the court inwriting within twenty (20) days of the date of the arraignment that such asentence be imposed, the court shall, if the court finds the defendant guiltyof murder in the first degree, also render a finding as to whether it has beenproven beyond a reasonable doubt that the murder committed by the defendantinvolved one of the circumstances enumerated in § 11-23-2 or 11-23-2.1 asthe basis for imposition of a sentence of life imprisonment without parole. Ifthe court finds that one or more of the enumerated circumstances was present,it shall state on the record which circumstance or circumstances it foundbeyond a reasonable doubt. Upon an affirmative finding by the court, it shallconduct a presentence hearing. At the hearing, the court shall permit theattorney general and the defense to present additional evidence relevant to adetermination of the sentence to be imposed as provided for in §12-19.2-4. After hearing evidence and argument relating to the presence orabsence of aggravating and mitigating factors, the court shall, in itsdiscretion, sentence the defendant to either life imprisonment without paroleor life imprisonment. If the trial court is reversed on appeal because of erroronly in the presentence hearing, the new proceedings before the trial courtwhich may be ordered shall pertain only to the issue of sentencing.