104
Opinion of the Court
sylvania law the proceeding then moved into a penalty phase. See Pa. Stat. Ann., Tit. 18, § 1102(a)(1) (Purdon 1998); Pa. Stat. Ann., Tit. 42, § 9711(a)(1) (Purdon Supp. 2002). The Commonwealth presented evidence of one statutory aggravating circumstance: commission of the murder while in the perpetration of a felony. See § 9711(d)(6). Petitioner presented as mitigating circumstances his lack of a significant history of prior criminal convictions and his age at the time of the crime. See §§ 9711(e)(1), (4). 563 Pa. 533, 539, 763 A. 2d 359, 362 (2000).
Pennsylvania law provides that, in the penalty phase of capital proceedings:
"(iv) the verdict must be a sentence of death if the jury unanimously finds at least one aggravating circumstance . . . and no mitigating circumstance or if the jury unanimously finds one or more aggravating circumstances which outweigh any mitigating circumstances. The verdict must be a sentence of life imprisonment in all other cases.
"(v) the court may, in its discretion, discharge the jury if it is of the opinion that further deliberation will not result in a unanimous agreement as to the sentence, in which case the court shall sentence the defendant to life imprisonment." § 9711(c) (Purdon Supp. 2002).
After both sides presented their evidence, the jury deliberated for some 31/2 hours, App. 23, after which it returned a note signed by the foreman which read: "We, the jury are hopelessly deadlocked at 9-3 for life imprisonment. Each one is deeply entrenched in their [sic] position. We do not expect anyone to change his or her position." Id., at 25. Petitioner then moved "under 9711(c), subparagraph 1, sub-paragraph Roman Numeral 5, that the jury be discharged and that [the court] enter a sentence of life imprisonment." Id., at 22. The trial judge, in accordance with Pennsylvania
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