{"data":{"id":"us-nm/31-18-26","jurisdiction":"us-nm","citation":"31-18-26","heading":"Two violent sexual offense convictions; 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 two violent sexual offenses. Either party to the sentencing proceeding may demand a jury sentencing proceeding.\nB. A jury sentencing proceeding shall be conducted as soon as practicable by the original trial judge before the original trial jury. A nonjury sentencing proceeding 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 the original trial jury, upon demand of the defendant.\nC. In a jury sentencing proceeding, the judge shall give appropriate instructions and allow arguments. In a nonjury sentencing proceeding, or upon a plea of guilty when the defendant has not demanded a jury, the judge shall allow arguments 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":"f0367b4b6c903824ecfadd2969bc8b31b6dc73566e543669c15f23569ec67a36","source_id":"us-nm","stale":false,"prev":"us-nm/31-18-25","next":"us-nm/31-18-27"},"notice":"GroundRules: Original legal text. Not legal advice."}