Okla. Stat. tit. 22, § 22-929

proceeding - Construction of section.

A. Upon any appeal of a conviction by the defendant in a

noncapital criminal case, the appellate court, if it finds

prejudicial error in the sentencing proceeding only, may set aside

the sentence rendered and remand the case to the trial court in the

jurisdiction in which the defendant was originally sentenced for

resentencing. No error in the sentencing proceeding shall result in

the reversal of the conviction in a criminal case unless the error

directly affected the determination of guilt.

B. When a criminal case is remanded for vacation of a sentence,

the court shall:

1. Set the case for a nonjury sentencing proceeding; or

2. If the defendant was originally sentenced by a jury, impanel

a new sentencing jury unless jury resentencing is waived by the

defendant and the prosecutor.

C. The defendant may affirmatively waive resentencing before

the appropriate trial court within ninety (90) days of the appellate

court order remanding for resentencing; provided, however, the

defendant may not waive resentencing after the commencement of the

resentencing hearing or trial. The defendant may not waive

resentencing on an appeal or petition for a writ of extraordinary

relief sought by the prosecution or if the original sentence was

unlawful. If the defendant affirmatively waives resentencing

pursuant to this subsection, the original sentence shall be

reinstated by the trial court. A sentence reinstated pursuant to

this subsection shall not be appealable by the defendant.

D. All exhibits and a transcript of all testimony and other

evidence properly admitted in the prior trial and sentencing shall

be admissible in the new sentencing proceeding. The defendant may

testify at his or her resentencing proceeding in accordance with the

Oklahoma Statutes - Title 22. Criminal Procedure Page 259

requirements of the Oklahoma Evidence Code. Additional relevant

evidence may be admitted including testimony of witnesses who

testified at the previous trial.

E. This section shall not be construed to amend or be in

conflict with the provisions of Section 701.10 or 701.10a of Title

21 of the Oklahoma Statutes relating to sentencing and resentencing

in death penalty cases; Section 860.1 of this title relating to the

trial procedure for defendants prosecuted for second or subsequent

offense; or the provisions of Sections 926.1 and 927.1 of this title

relating to assessment of punishment in the original trial

proceedings.