The following procedure shall govern sentencing by the court:
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;
If neither party requests a sentencing hearing, the court may order one or may order a presentence investigation pursuant to § 5-4-102; and
The court may hear or may request argument relevant to the appropriate sentence following either a hearing or a presentence investigation.
Cross References.
Victim notification system, § 12-12-1201 et seq.
Case Notes
In General.
The right to be present at sentencing is critical and vital to our criminal law system. Eberlein v. State, 315 Ark. 591, 869 S.W.2d 12 (1994).
Consideration of Evidence.
In sentencing defendant for first-degree murder, the circuit court clearly considered defendant's intoxication but determined that it was not a mitigating factor, which the circuit court was free to do.
Griffin v. State, 2015 Ark. 340, 470 S.W.3d 676 (2015).
Discovery.
This section and § 16-97-101 do not prevent the rules of discovery from applying; therefore, trial court erred in holding the rules of discovery were inapplicable to the sentencing phase of a bifurcated trial. Phillips v. State, 321 Ark. 160, 900 S.W.2d 526 (1995).
Jolly v. State, 189 S.W.3d 40 (Ark. 2004). · cites it 4ד” Ark. Code Ann. § 16-97-102 (1) (Supp. 2003).”
Marshall v. State, 27 S.W.3d 392 (Ark. 2000). · cites it 2דWhen sentencing is by the court, as was the case here, Ark. Code Ann. § 16-97-102 (Supp. 1999) provides that “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.”
Griffin v. State, 2015 Ark. 340, 470 S.W.3d 676. · cites it 2ד1999) provides that “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.'...” ■ Id. Evidence relevant to sentencing may include, but is not limited to, prior convictions of…”
Garret E. Nichols v. State of Arkansas, 2021 Ark. App. 368. · cites it 4דClosing Argument or Evidence Prior to Sentencing Appellant additionally argues that the circuit court’s actions at sentencing deprived him of his right to counsel at a critical stage in the proceeding.”
Epps v. State, 268 S.W.3d 362 (Ark. Ct. App. 2007). · cites it 2דDuring that phase, the State merely introduced the presentence report pursuant to Ark. Code Ann. § 16-97-102 (2) (Repl. 2006).”
Ark. Code Ann. § 16-97-102(1): 1 case
Jolly v. State, 189 S.W.3d 40 (Ark. 2004). “” Ark. Code Ann. § 16-97-102 (1) (Supp. 2003).”
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