768

LAWS OF MARYLAND

Ch. 255

(iv) Any presentence investigation report.
However, any recommendation as to sentence contained in the
report is not admissible; and

(v) Any other evidence that the court deems of
probative value and relevant to sentence, provided the defendant
is accorded a fair opportunity to rebut any statements.

(2)  The State and the defendant or his counsel may
present argument for or against the sentence of death.

(3)  After presentation of the evidence in a
proceeding before a jury, in addition to any other appropriate
instructions permitted by law, the court shall- instruct the jury
as to the findings it must make in order to determine whether the
sentence shall be death or imprisonment for life and the burden
of proof applicable to these findings in accordance with
subsection (f) or SUBSECTION (h) OF THIS SECTION.

(d) In determining the sentence, the court or jury, as the
case may be, shall first consider whether, beyond a reasonable
doubt, any of the following aggravating circumstances exist:

(10) The defendant committed the murder while
committing or attempting to commit A robbery, arson, rape or
sexual offense in the first degree.

680.

The purpose of this subheading is to create within the
Division of Correction, a State Use Industries organization,
which:

(1) (i) Is financially [self supporting]
SELF-SUPPORTING;

Article 27A - Public Defender

2.

(d) "District public defender" means the district public
defender of each of the various districts described in subsection
[2(c) above] (C) OF THIS SECTION.

(h) "Serious crime" means:

(3) An act [which] THAT, except for the age of the
person involved, would otherwise be a serious crime.

3.

(b) The Public Defender, with the approval of the board of
trustees, shall appoint a deputy public defender, and one (1)
district public defender for each district of the District Court,