We have two defendants who have pleaded guilty to murder (1st Degree). The non-shooter/cooperating witness has a cap as to maximum sentence. Sentencing dates are about 60 days apart but my sentencing evidence will be the same in each case.

Does anyone see a problem with putting on one sentencing hearing for the both of them and then having the defendants put on there mitigation case on different days about sixty days apart? This saves me from putting the family on the stand twice. Everyone seems to be in agreement.

Does anyone see any problems???

Thanks...Fred

Is sentencing by Judge or Jury?

Judge

Of course,you have more flexibility with a Judge, and I don't see why your procedure wouldn't work. So long as you have the voluntary and knowing consent of both defendants on the record, there should be no error(famous last words!). [Their consent may not be required, but it can help you on any appeal if they do give it]. Both defendants will enjoy all their rights and neither is prejudiced by the other's defense. Just be sure both records of the defense evidence reflect that they are merely continuing independently the earlier State's presentation and both final records include both parts of the proceedings.