(1) The following procedure shall govern sentencing by the court:(1) When either party requests to present evidence relevant to sentencing, the court shall hear or receive such evidence and any rebuttal by the opposing party;(2) If neither party requests a sentencing hearing, the court may order one or may order a presentence investigation pursuant to § 5-4-102; and(3) The court may hear or may request argument relevant to the appropriate sentence following either a hearing or a presentence investigation.
(1) When either party requests to present evidence relevant to sentencing, the court shall hear or receive such evidence and any rebuttal by the opposing party;
(2) If neither party requests a sentencing hearing, the court may order one or may order a presentence investigation pursuant to § 5-4-102; and
(3) The court may hear or may request argument relevant to the appropriate sentence following either a hearing or a presentence investigation.