Section 31-18-24 - Violent felony sentencing procedure. - New Mexico Statutes

31-18-24. Violent felony sentencing procedure.

A.     The court shall conduct a separate sentencing proceeding to determine any controverted question of fact regarding whether the defendant has been convicted of three violent felonies.  Either party to the action may demand a jury trial.   

B.     In a jury trial, the sentencing proceeding shall be conducted as soon as practicable by the original trial judge before the original trial jury.  In a nonjury trial, the sentencing shall be conducted as soon as practicable by the original trial judge.  In the case of a plea of guilty, the sentencing proceeding shall be conducted as soon as practicable by the original trial judge or by a jury upon demand of the defendant.   

C.     In a jury sentencing proceeding, the judge shall give appropriate instructions and allow arguments.  The jury shall retire to determine the verdict.  In a nonjury sentencing proceeding, or upon a plea of guilty where no jury has been demanded, the judge shall allow argument and determine the verdict.