3.__After hearing all evidence, the jury shall deliberate and recommend to the court a sentence of life imprisonment or a sentence of death.__The recommendation of the jury must be based upon its consideration of the matters relating to whether the murder:

A.__Was especially heinous, atrocious or cruel;

B.__Caused the death of 2 or more persons;

C.__Caused the death of a child under 16 years of age;

D.__Caused the death of a police officer or corrections officer; or

E.__Caused the death of an elected public official.

4.__The court shall impose a sentence of life imprisonment if:

A.__The jury recommends a sentence of life imprisonment; or

B.__The jury is unable to reach a unanimous recommendation.

5.__The court may impose either a sentence of life imprisonment or a sentence of death if:

A.__The jury recommends a sentence of death; or

B.__The defendant waived the right to a jury.

The court may not impose a sentence of death unless it finds that the murder was especially heinous, atrocious or cruel or caused the death of 2 or more persons.__When the court imposes a sentence of death, the determination of the court must be supported by specific written findings of fact based upon the records of the trial and the sentencing proceedings.

§1273.__Appeal of prior murder conviction

If a person has been convicted of murder under section 201, and the offense upon which the conviction was based is finally invalidated as a result of an appeal or collateral proceeding and