{"data":{"id":"us-nm/31-18-24","jurisdiction":"us-nm","citation":"31-18-24","heading":"Violent felony sentencing procedure.","body":"A. The court shall conduct a separate sentencing proceeding to determine any controverted question of fact regarding whether the defendant has been convicted of three violent felonies. Either party to the action may demand a jury trial.\nB. In a jury trial, the sentencing proceeding shall be conducted as soon as practicable by the original trial judge before the original trial jury. In a nonjury trial, the sentencing 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 a jury upon demand of the defendant.\nC. In a jury sentencing proceeding, the judge shall give appropriate instructions and allow arguments. The jury shall retire to determine the verdict. In a nonjury sentencing proceeding, or upon a plea of guilty where no jury has been demanded, the judge shall allow argument and determine the verdict.","path":["Chapter 31 - Criminal Procedure","ARTICLE 18 Criminal Sentencing"],"source_url":"https://nmonesource.com/nmos/nmsa-unanno/en/item/18531/index.do","current_through":"2026-05-20","vintage":"","retrieved_at":"2026-09-03T15:02:19Z","sha256":"e014e37553eb07e9be2cc945ad27abadcca04b2f082913b09c87d06cc8463e42","source_id":"us-nm","stale":false,"prev":"us-nm/31-18-23","next":"us-nm/31-18-25"},"notice":"GroundRules: Original legal text. Not legal advice."}