Section 16-97-102 - Sentencing by the courtThe following procedure shall govern sentencing by the court:
(1) When either party requests to present evidence relevant to sentencing, the court shall hear or receive such evidence and any rebuttal by the opposing party;(2) If neither party requests a sentencing hearing, the court may order one or may order a presentence investigation pursuant to § 5-4-102; and(3) The court may hear or may request argument relevant to the appropriate sentence following either a hearing or a presentence investigation.Acts 1993, No. 535, § 2; 1993, No. 551, § 2; 1997, No. 1262, § 23.