At the presentence hearing, following a finding that one or more of the circumstances
enumerated in § 11-23-2 or 11-23-2.1 as the basis for imposition of a sentence of life imprisonment without parole was
involved in the first degree murder of which the defendant has been convicted, the
court shall consider evidence regarding the nature and circumstances of the offense
and the personal history, character, record, and propensities of the defendant which
are relevant to the sentencing determination. After hearing evidence and argument
regarding the aggravating and mitigating circumstances relating to the offense and
the defendant, the court shall, in its discretion, sentence the defendant to life
imprisonment without parole or to life imprisonment. The court shall state on the
record its reasons for imposing its sentence.
Notes of Decisions
Cited in
19
cases (
2 in the last 5 years), 1989–2026 · leading case:
State v. Graham, 941 A.2d 848 (R.I. 2008).
State v. Graham, 941 A.2d 848 (R.I. 2008).
· cites it 6× “After considering both the aggravating and mitigating circumstances, pursuant to § 12-19.2-4, 17 he sentenced defendant to life in prison without the possibility of parole.”
State v. McManus, 941 A.2d 222 (R.I. 2008).
· cites it 6× “" Section 12-19.2-4. After hearing the arguments of counsel at sentencing and considering the nature of defendant's conduct, the trial justice articulated the following findings in her eloquent sentencing, which covers twenty-six pages of the transcript.”
State v. Day, 925 A.2d 962 (R.I. 2007).
· cites it 4× “Section 12-19.2-4. In the instant case, subsection (1) of § 11-23-2 is implicated; that subsection refers to murders “committed intentionally while [the defendant is] engaged in the commission of another capital offense or other felony for which life imprisonment may be imposed.”
State v. Lopez, 45 A.3d 1 (R.I. 2012).
· cites it 4× “Statements also were presented on behalf of defendant by two of his friends, a former colleague of defendant, defendant's sister, and one of his sons.”
Page v. State, 995 A.2d 934 (R.I. 2010).
· cites it 4× “" Thus, § 11-23-2(4) is satisfied, requiring us next to decide whether to "ratify the imposition of the sentence of life imprisonment without parole or [to] reduce the sentence to life imprisonment.”
State v. Brown, 898 A.2d 69 (R.I. 2006).
· cites it 3× “IV Life Sentence Without Parole At the conclusion of the trial, based upon the jury’s finding of aggravating circumstances, the trial justice imposed a sentence of life without parole pursuant to G.L.1956 § 12-19.2-4. 12 *86 When he sentenced defendant, the trial justice said…”
State v. Bustamante, 756 A.2d 758 (R.I. 2000).
· cites it 4× “On appeal, defendant argued that § 12-19.2-4 requires that when the sentence of life without the possibility of parole is imposed, a trial justice is required to articulate the reasons for imposing that sentence sufficient for this Court to conduct an appropriate review.”
State v. Quinlan, 921 A.2d 96 (R.I. 2007).
· cites it 3× “G.L.1956 § 12-19.2-4; State v. Motyka, 893 A.”
State v. Motyka, 893 A.2d 267 (R.I. 2006).
· cites it 2× “If one or more of the enumerated grounds is present in a particular case, G.L.1956 § 12-19.2-4 directs the trial court to "consider evidence regarding the nature and circumstances of the offense and the personal history, character, record, and propensities of the defendant which…”
State v. Mlyniec, 15 A.3d 983 (R.I. 2011).
· cites it 2× “The trial justice imposed the sentence of life without parole after a sentencing hearing, in accord with § 12-19.2-4. 26 At the sentencing hearing, the trial justice had been presented with remarks from Ms.”
State v. Lassor, 555 A.2d 339 (R.I. 1989).
· cites it 2× “Under the provisions of § 12-19.2-4 the trial justice must consider evidence regarding the nature and circumstances of the offense and the personal history, character, record, and propensities of the defendant, which are relevant to the sentencing determination.”
Bustamante v. Wall, 866 A.2d 516 (R.I. 2005).
“At the hearing, the court shall permit the attorney general and the defense to present additional evidence relevant to a determination of the sentence to be imposed as provided for in § 12-19.2-4. After hearing evidence and argument relating to the presence or absence of…”
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treatment. Dots show Syfertize treatment of the citing case itself.