Life imprisonment. A. Upon conviction or adjudication of guilt of a defendant of murder in the first degree, wherein the state is not seeking the death penalty but has alleged that the defendant has prior felony convictions, the court shall conduct a separate sentencing proceeding to determine whether the defendant should be sentenced to life imprisonment without parole or life imprisonment, wherein the state shall be given the opportunity to prove any prior felony convictions beyond a reasonable doubt. The proceeding shall be conducted by the trial judge before the same trial jury as soon as practicable without presentence investigation. B. If the trial jury has been waived by the defendant and the state, or if the defendant pleaded guilty or nolo contendere, the sentencing proceeding shall be conducted before the court. Added by Laws 2013, c. 6, § 2, eff. Nov. 1, 2013.
Notes of Decisions
Cited in 6
cases (2 in the last 5 years), 2018–2023 · leading case: Mahdavi v. State, 2020 OK CR 12, 478 P.3d 449.
Mahdavi v. State, 2020 OK CR 12, 478 P.3d 449. · cites it 6דDuring the trial's bifurcated sentencing phase, the State introduced evidence of Appellant's three prior felony convictions as alleged in the Page Two supplemental Information, 4 pursuant to 21 O.S.Supp.2013, § 701.10-1. 5 Notably, Appellant made no effort to challenge the…”
Mason v. State, 2018 OK CR 37, 433 P.3d 1264. “In 2013, the Legislature enacted 21 O.S. § 701.10-1(A) which provided that: Upon conviction or adjudication of guilt of a defendant of murder in the first degree, wherein the state is not seeking the death penalty but has alleged that the defendant has prior felony convictions,…”
Vanderpool v. State, 2018 OK CR 39, 434 P.3d 318. “¶40 In his third proposition of error, Appellant contends that 21 O.S.Supp.2013 § 701.10-1 is unconstitutional.”
Mason v. State, 2018 OK CR 37. “In 2013, the Legislature enacted 21 O.S. § 701.10-1(A) which provided that: Upon conviction or adjudication of guilt of a defendant of murder in the first degree, wherein the state is not seeking the death penalty but has alleged that the defendant has prior felony convictions,…”
Bramlett v. Crow, No. 22-5079 (10th Cir. Mar. 13, 2023). “Okla. Stat. tit. 21 § 701.10-1(a). Through bifurcation, the procedure is designed to prevent prosecutors from using prior felony convictions during the guilt phase of a criminal trial.”
Bramlett v. Crow, No. 4:20-cv-00537 (N.D. Okla. Aug. 24, 2022). “Okla. Stat. tit. 21, § 701.10-1 (A). The jury recommended the latter, and the trial court sentenced Bramlett accordingly.”
Okla. Stat. tit. 21, § 701.10-1(A): 2 cases
Mason v. State, 2018 OK CR 37, 433 P.3d 1264. “In 2013, the Legislature enacted 21 O.S. § 701.10-1(A) which provided that: Upon conviction or adjudication of guilt of a defendant of murder in the first degree, wherein the state is not seeking the death penalty but has alleged that the defendant has prior felony convictions,…”
Mason v. State, 2018 OK CR 37. “In 2013, the Legislature enacted 21 O.S. § 701.10-1(A) which provided that: Upon conviction or adjudication of guilt of a defendant of murder in the first degree, wherein the state is not seeking the death penalty but has alleged that the defendant has prior felony convictions,…”
Okla. Stat. tit. 21, § 701.10-1(a): 1 case
Bramlett v. Crow, No. 22-5079 (10th Cir. Mar. 13, 2023). “Okla. Stat. tit. 21 § 701.10-1(a). Through bifurcation, the procedure is designed to prevent prosecutors from using prior felony convictions during the guilt phase of a criminal trial.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.