1. When upon a plea of not guilty or not guilty by reason of insanity a judgment of death is entered, an appeal is deemed automatically taken by the defendant without any action by the defendant or the defendants counsel, unless the defendant or the defendants counsel affirmatively waives the appeal within 30 days after the rendition of the judgment. 2. Whether or not the defendant or the defendants counsel affirmatively waives the appeal, the sentence must be reviewed on the record by the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution, which shall consider, in a single proceeding, if an appeal is taken: (a) Any errors enumerated by way of appeal; (b) If a court determined that the defendant is not intellectually disabled during a hearing held pursuant to NRS 174.098 , whether that determination was correct; (c) Whether the evidence supports the finding of an aggravating circumstance or circumstances; (d) Whether the sentence of death was imposed under the influence of passion, prejudice or any arbitrary factor; and (e) Whether the sentence of death is excessive, considering both the crime and the defendant. 3. The appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution, when reviewing a death sentence, may: (a) Affirm the sentence of death; (b) Set the sentence aside and remand the case for a new penalty hearing before a newly impaneled jury; or (c) Set aside the sentence of death and impose the sentence of imprisonment for life without possibility of parole.
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