Rule 26.4 - Sentencing Hearing(a) Generally. If the court has either discretion as to the penalty to be imposed or power to suspend execution of the sentence, the court shall conduct a sentencing hearing in all felony cases, unless waived by the parties with consent of the court. The sentencing hearing may commence immediately after a determination of guilt or may be continued to a later date. If a presentence report is required, the sentencing hearing shall not be conducted until copies thereof have been furnished or made available to the court and the parties.(b) Enhanced Punishment Based on Prior Conviction(s). Absent stipulation, the court shall hold a hearing in order to establish the alleged prior conviction(s) to determine the defendant's status as a habitual or enhanced offender. The prosecution must establish the defendant's prior conviction(s) beyond a reasonable doubt. If the defendant disputes any conviction presented by the prosecution, the court may allow the prosecution to present additional evidence of the disputed conviction.(c) Evidence. Evidence may be presented by both the prosecuting attorney and the defendant as to any matter that the court deems probative on the issue of sentencing.Comment
Under Rule 10.1, the defendant has the right to be present at the sentencing hearing under Rule 26.4 and at the pronouncement of sentence under Rule 26.5.
Under Rule 26.4(b), the court determines the defendant's status as a habitual or enhanced offender. Rule 26.4(b) does not contemplate those facts and elements necessary to enhance a sentence that are required to be found by a jury, which is addressed in Rule 19.1(b). See also Apprendi v. United States, 530 U.S. 466, 120 S. Ct. 2348, 147 L. Ed. 2d 435 (2000).