23A-27A-6. Designation by judge in nonjury cases--At least one aggravating circumstance required for death penalty imposition.
57 words·~1 min read·
/sd/title-23/chapter-23-27/23a-27a-6·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In nonjury cases the judge shall, after conducting the presentence hearing as provided in § 23A-27A-2 , designate, in writing, the aggravating circumstance or circumstances, if any, which he found beyond a reasonable doubt. Unless at least one of the statutory aggravating circumstances enumerated in § 23A-27A-1 is so found, the death penalty shall not be imposed.