{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-929","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-929","heading":"Remand for vacation of sentence - New sentencing","body":"proceeding - Construction of section.\n\nA. Upon any appeal of a conviction by the defendant in a\n\nnoncapital criminal case, the appellate court, if it finds\n\nprejudicial error in the sentencing proceeding only, may set aside\n\nthe sentence rendered and remand the case to the trial court in the\n\njurisdiction in which the defendant was originally sentenced for\n\nresentencing. No error in the sentencing proceeding shall result in\n\nthe reversal of the conviction in a criminal case unless the error\n\ndirectly affected the determination of guilt.\n\nB. When a criminal case is remanded for vacation of a sentence,\n\nthe court shall:\n\n1. Set the case for a nonjury sentencing proceeding; or\n\n2. If the defendant was originally sentenced by a jury, impanel\n\na new sentencing jury unless jury resentencing is waived by the\n\ndefendant and the prosecutor.\n\nC. The defendant may affirmatively waive resentencing before\n\nthe appropriate trial court within ninety (90) days of the appellate\n\ncourt order remanding for resentencing; provided, however, the\n\ndefendant may not waive resentencing after the commencement of the\n\nresentencing hearing or trial. The defendant may not waive\n\nresentencing on an appeal or petition for a writ of extraordinary\n\nrelief sought by the prosecution or if the original sentence was\n\nunlawful. If the defendant affirmatively waives resentencing\n\npursuant to this subsection, the original sentence shall be\n\nreinstated by the trial court. A sentence reinstated pursuant to\n\nthis subsection shall not be appealable by the defendant.\n\nD. All exhibits and a transcript of all testimony and other\n\nevidence properly admitted in the prior trial and sentencing shall\n\nbe admissible in the new sentencing proceeding. The defendant may\n\ntestify at his or her resentencing proceeding in accordance with the\n\nrequirements of the Oklahoma Evidence Code. Additional relevant\n\nevidence may be admitted including testimony of witnesses who\n\ntestified at the previous trial.\n\nE. This section shall not be construed to amend or be in\n\nconflict with the provisions of Section 701.10 or 701.10a of Title\n\n21 of the Oklahoma Statutes relating to sentencing and resentencing\n\nin death penalty cases; Section 860.1 of this title relating to the\n\ntrial procedure for defendants prosecuted for second or subsequent\n\noffense; or the provisions of Sections 926.1 and 927.1 of this title\n\nrelating to assessment of punishment in the original trial\n\nproceedings.","path":["OK Code","Title 22"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os22.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"3433c01431ff4bde1943376e4f8425eccf509ba88b3ee7d5cdccf5f961c991b4","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-928.1","next":"us-ok/okla.-stat.-tit.-22-22-93"},"notice":"GroundRules: Original legal text. Not legal advice."}