BRADFORD, J.
Ben-Yisrayl argues that the trial court exceeded its statutory authority in providing for a term-of-years sentence to serve as the alternative sentence to the death penalty. . . . .
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In challenging the trial court’s authority to impose alternative sentences, Ben-Yisrayl points to Indiana’s death penalty statute, Indiana Code section 35-50-2-9, and argues that it does not authorize a contingent term-of-years sentence. The State does not dispute Ben-Yisrayl’s characterization of section 35-50-2-9, but responds by pointing to Indiana Code section 35-50-2-3 (1983), the sentencing statute for murder, and arguing that it specifically provides for the possibility of such an alternative sentence.
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Section 35-50-2-3 provides options for murder sentences, with the death penalty permissible notwithstanding the requirement that the trial court impose a term of years within the specified range. This plain language, however, does not explicitly authorize the imposition of both sentences for a single conviction, with the term of years to serve as an alternative to the death penalty. Without explicit authority for such an alternative sentencing scheme, and in light of the fact that section 35-50-2-9 makes no reference to it, we are not inclined to infer from the availability of options in section 35-50-2-3 that the trial court may elect both options simultaneously. Indeed, the above statute also authorizes the trial court to sentence a defendant to a term of years falling within a specified range, but we do not infer from this grant of authority and the availability of numerous sentencing options within this range that the trial court may then impose multiple alternative terms of years. It is standard procedure to conduct a resentencing proceeding in the event that a sentence does not survive appellate review. Without explicit language providing otherwise, the trial court is not authorized to circumvent that procedure by imposing alternative sentences. [Footnote omitted.]
FRIEDLANDER, J., and MAY, J., concur.