§ 470.30 Determination by court of appeals of appeals taken directly\n thereto from judgments and orders of criminal courts.\n 1. Wherever appropriate, the rules set forth in sections 470.15 and\n470.20, governing the consideration and determination by intermediate\nappellate courts of appeals thereto from judgments and orders of\ncriminal courts, and prescribing their scope of review and the\ncorrective action to be taken by them upon reversal or modification,\napply equally to the consideration and determination by the court of\nappeals of appeals taken directly thereto, pursuant to sections 450.70\nand 450.80, from judgments and orders of superior criminal courts.\n 2. Whenever a sentence of death is imposed, the judgment and sentence\nshall be reviewed on the record by the court of appeals. Review by the\ncourt of appeals pursuant to subdivision one of section 450.70 may not\nbe waived.\n 3. With regard to the sentence, the court shall, in addition to\nexercising the powers and scope of review granted under subdivision one\nof this section, determine:\n (a) whether the sentence of death was imposed under the influence of\npassion, prejudice, or any other arbitrary or legally impermissible\nfactor including whether the imposition of the verdict or sentence was\nbased upon the race of the defendant or a victim of the crime for which\nthe defendant was convicted;\n (b) whether the sentence of death is excessive or disproportionate to\nthe penalty imposed in similar cases considering both the crime and the\ndefendant. In conducting such review the court, upon request of the\ndefendant, in addition to any other determination, shall review whether\nthe sentence of death is excessive or disproportionate to the penalty\nimposed in similar cases by virtue of the race of the defendant or a\nvictim of the crime for which the defendant was convicted; and\n (c) whether the decision to impose the sentence of death was against\nthe weight of the evidence.\n 4. The court shall include in its decision:\n (a) the aggravating and mitigating factors established in the record\non appeal; and\n (b) those similar cases it took into consideration.\n 5. In addition to exercising any other corrective action pursuant to\nsubdivision one of this section, the court, with regard to review of a\nsentence of death, shall be authorized to:\n (a) affirm the sentence of death; or\n (b) set the sentence aside and remand the case for resentencing\npursuant to the procedures set forth in section 400.27 for a\ndetermination as to whether the defendant shall be sentenced to death,\nlife imprisonment without parole or to a term of imprisonment for the\nclass A-I felony of murder in the first degree other than a sentence of\nlife imprisonment without parole; or\n (c) set the sentence aside and remand the case for resentencing by the\ncourt for a determination as to whether the defendant shall be sentenced\nto life imprisonment without parole or to a term of imprisonment for the\nclass A-I felony of murder in the first degree other than a sentence of\nlife imprisonment without parole.\n
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