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 ยง 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.
Section: 16-97-102 16-97-103 16-97-104 NextLast modified: November 15, 2016