Section 31-18-26 - Two violent sexual offense convictions; sentencing procedure. - New Mexico Statutes

31-18-26. Two violent sexual offense convictions; 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 two violent sexual offenses.  Either party to the sentencing proceeding may demand a jury sentencing proceeding.   

B.     A jury sentencing proceeding shall be conducted as soon as practicable by the original trial judge before the original trial jury.  A nonjury sentencing proceeding 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 the original trial jury, upon demand of the defendant.   

C.     In a jury sentencing proceeding, the judge shall give appropriate instructions and allow arguments.  In a nonjury sentencing proceeding, or upon a plea of guilty when the defendant has not demanded a jury, the judge shall allow arguments and determine the verdict.