§ 15A-1334. The sentencing hearing. - North Carolina Statutes

§15A‑1334.  The sentencing hearing.

(a)        Time of Hearing. –Unless the defendant waives the hearing, the court must hold a hearing on thesentence. Either the defendant or the State may, upon a showing which the judgedetermines to be good cause, obtain a continuance of the sentencing hearing.

(b)        Proceeding atHearing. – The defendant at the hearing may make a statement in his own behalf.The defendant and prosecutor may present witnesses and arguments on factsrelevant to the sentencing decision and may cross‑examine the otherparty's witnesses. No person other than the defendant, his counsel, theprosecutor, and one making a presentence report may comment to the court onsentencing unless called as a witness by the defendant, the prosecutor, or thecourt. Formal rules of evidence do not apply at the hearing.

(c)        Sentence Hearing inOther District. – The judge who orders a presentence report may, in hisdiscretion, direct that the sentencing hearing be held before him in anothercounty or another district court district as defined in G.S. 7A‑133 orsuperior court district or set of districts as defined in G.S. 7A‑41.1,as the case may be, during or after the session in which the defendant wasconvicted. If sentence is imposed in a county other than the one where thedefendant was convicted, the clerk of the county where sentence is imposed mustforward the records of the sentencing proceeding to the clerk of the county ofconviction.

(d)        Sentencing inCapital Cases. – Sentencing in capital cases is governed by Article 100 of thisChapter.

(e)        ProcedureApplicable when Certain Prior Convictions May Be Used. – The procedure in G.S.15A‑980 governs if the State seeks to use a prior conviction in asentencing hearing. (1977, c. 711, s. 1; 1983, c. 513, s. 3; 1987 (Reg.Sess., 1988), c. 1037, s. 66.)