COMMENTARY ON §706-656

Act 271, Session Laws 1993, amended this section to provide that in cases designated under §706-657, the person may be sentenced to life imprisonment without possibility of parole. The legislature felt that the court should have the discretion to determine when the circumstances of the murder justify the enhanced sentence, and that this discretion should be limited to those situations demonstrating exceptional depravity. House Standing Committee Report No. 1171, Senate Standing Committee Report No. 689.

Case Notes

For sentencing purposes, conspiracy to commit second degree murder is a class C felony under §706-610 and subject to the sentencing provisions of §706-660, not this section. 84 H. 280, 933 P.2d 617.

Sentence for murder not an extended term. 6 H. App. 409, 723 P.2d 186.