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21-701.10.


21-701.10.
   
   A. Upon conviction or adjudication of guilt of a defendant of murder
   in the first degree, the court shall conduct a separate sentencing
   proceeding to determine whether the defendant should be sentenced to
   death, life imprisonment without parole or life imprisonment. The
   proceeding shall be conducted by the trial judge before the same trial
   jury as soon as practicable without presentence investigation.
   
   B. If the trial jury has been waived by the defendant and the state,
   or if the defendant pleaded guilty or nolo contendere, the sentencing
   proceeding shall be conducted before the court.
   
   C. In the sentencing proceeding, evidence may be presented as to any
   mitigating circumstances or as to any of the aggravating circumstances
   enumerated in Section 701.7 et seq. of this title. Only such evidence
   in aggravation as the state has made known to the defendant prior to
   his trial shall be admissible. In addition, the state may introduce
   evidence about the victim and about the impact of the murder on the
   family of the victim.
   
   D. This section shall not be construed to authorize the introduction
   of any evidence secured in violation of the Constitutions of the
   United States or of the State of Oklahoma. The state and the defendant
   or his counsel shall be permitted to present argument for or against
   sentence of death.
   

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