After a verdict of guilty has been returned by the jury in any felony case, the judge shall dismiss the jury and conduct a pre-sentence hearing. O.C.G.A. § 17-10-2(a)(i). This hearing can take place immediately after the verdict or be set off (continued) to a later date for each side to make a presentation. Whether to continue the presentence hearing is within the judge's discretion. Young v. State, 290 Ga. 392 (2012). At the pre-sentence hearing the State can present evidence of the defendant's past convictions (called evidence in aggravation). Any victims can also be heard. The defense gets to present any evidence in mitigation. Repeated rumors are not authorized at a pre-sentence hearing. Ponds v. State, 136 Ga. App. 852 (1975).
The Eighth Amendment to the United States Constitution forbids cruel and unusual punishment. A sentence may be cruel and unusual where the sentence is grossly disproportionate to the underlying crime. The penalty attached to a crime is the penalty on the date the crime was committed. Hahn v. State, 166 Ga. App. 71 (1883). There is a presumption that a sentence within the statutory limits allowed by law does not violate the Eighth Amendment. Sevostiyanova v. State, 313 Ga. App. 729 (2012); Middleton v. State, 313 Ga. App. 193 (2011).