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OCR: pleas Only such evicence in aggravation as the prosecu- tian has made known the defendant prior his trial shall be admissible The jury judge shall also hear argumcnt the defendant or counsel and the prose cuting attorney regarding the punishment imposed The prosecuting attorney shall open and defendant shall conclude the argunent to the jury D judge Upon conclusion ot the evidence and arguments, the judge shall givo the jury appropriate instructions and the jury shall retire determine the punishment to be imposed. capital murder cascs in which the death penalty may imposed jury judge sitting without juty he additional procedure provided in section 565. 012 shall be followed. The jury. or the judge cases tricd by judge shall fix sentence within the limits prescribed by law The judge shall i ...