§ 12-19.2-3 - Sentencing procedures – Plea of guilty.
SECTION 12-19.2-3
§ 12-19.2-3 Sentencing procedures –Plea of guilty. – In all cases in which the defendant pleads guilty or nolo contendere to anoffense for which the penalty of life imprisonment without parole may beimposed pursuant to § 11-23-2 or 11-23-2.1, and in which the attorneygeneral has recommended to the court in writing within twenty (20) days of thedate of the arraignment that such a sentence be imposed, the court 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.