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§ 16-97-101. Bifurcated sentencing procedures

The following procedure shall govern jury trials which include any felony charges: (1) The jury shall first hear all evidence relevant to every charge on which a defendant is being tried and shall retire to reach a verdict on each charge; (2) If the defendant is found guilty of one (1) or more charges, the […]

§ 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 […]

§ 16-97-103. Evidence

Evidence relevant to sentencing by either the court or a jury may include, but is not limited to, the following, provided no evidence shall be construed under this section as overriding the rape shield statute, § 16-42-101: (1) The law applicable to parole, meritorious good time, or transfer; (2) Prior convictions of the defendant, both […]

§ 16-97-104. Proof of prior convictions

Proof of prior convictions, both felony and misdemeanor, and proof of juvenile adjudications shall follow the procedures outlined in §§ 5-4-502 — 5-4-504.