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21-701.13.


21-701.13.
   
   A. Whenever the death penalty is imposed, and upon the judgment
   becoming final in the trial court, the sentence shall be reviewed on
   the record by the Oklahoma Court of Criminal Appeals. The court
   reporter of the trial court shall prepare all transcripts necessary
   for appeal within six (6) months of the imposition of the sentence.
   
   The clerk of the trial court, within ten (10) days after receiving the
   transcript, shall transmit the entire record and transcript to the
   Oklahoma Court of Criminal Appeals together with a notice prepared by
   the clerk and a report prepared by the trial judge. The notice shall
   set forth the title and docket number of the case, the name of the
   defendant and the name and address of his attorney, a narrative
   statement of the judgment, the offense, and the punishment prescribed.
   The report shall be in the form of a standard questionnaire prepared
   and supplied by the Oklahoma Court of Criminal Appeals.
   
   B. The Oklahoma Court of Criminal Appeals shall consider the
   punishment as well as any errors enumerated by way of appeal.
   
   C. With regard to the sentence, the court shall determine:
   
   1. Whether the sentence of death was imposed under the influence of
   passion, prejudice, or any other arbitrary factor; and
   
   2. Whether the evidence supports the jury's or judge's finding of a
   statutory aggravating circumstance as enumerated in Section 701.12 of
   this title.
   
   D. Both the defendant and the state shall have the right to submit
   briefs within the time provided by the court, and to present oral
   argument to the court. The defendant shall have one hundred twenty
   (120) days from the date of receipt by the court of the record,
   transcript notice, and report provided for in subsection A of this
   section, in which to submit a brief. The state shall have sixty (60)
   days from the date of filing of the defendant's brief to file a reply
   brief. The defendant may file a reply brief within a time period
   established by the court, however the receipt of the reply brief, the
   hearing of oral arguments, and the rendering of a decision by the
   court all shall be concluded within one (1) year after the date of the
   filing of the reply brief. If the defendant or the state fails to
   submit their respective briefs within the period prescribed by law,
   the defendant or the state shall transmit a written statement of
   explanation to the Presiding Judge of the Court of Criminal Appeals
   who shall have the authority to grant an extension of the time to
   submit briefs, based upon a showing of just cause. Failure to submit
   briefs in the required time may be punishable as indirect contempt of
   court.
   
   E. In addition to its authority regarding correction of errors, the
   court, with regard to review of death sentences, shall be authorized
   to:
   
   1. Affirm the sentence of death; or
   
   2. Set the sentence aside and remand the case for resentencing by the
   trial court.
   
   F. The sentence review shall be in addition to direct appeal, if
   taken, and the review and appeal shall be consolidated for
   consideration. The court shall render its decision on legal errors
   enumerated, the factual substantiation of the verdict, and the
   validity of the sentence.
   
   G. If the court reporter of the trial court fails to complete
   preparation of the transcripts necessary for appeal within the
   six-month period required by the provisions of subsection A of this
   section, the court reporter shall transmit a written statement of
   explanation of such failure to the Chief Justice of the Oklahoma
   Supreme Court, the Presiding Judge of the Court of Criminal Appeals,
   and the Administrative Director of the Courts. The Court of Criminal
   Appeals shall have the authority to grant an extension of the time for
   filing the transcripts, based upon a showing of just cause. Failure to
   complete the transcripts in the required time may be punishable as
   indirect contempt of court and except for just cause shown may result
   in revocation of the license of the court reporter.
   

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