(1) The sentence review required by RCW 10.95.100 shall be in addition to any appeal. The sentence review and an appeal shall be consolidated for consideration. The defendant and the prosecuting attorney may submit briefs within the time prescribed by the court and present oral argument to the court.

     (2) With regard to the sentence review required by chapter 138, Laws of 1981, the supreme court of Washington shall determine:

     (a) Whether there was sufficient evidence to justify the affirmative finding to the question posed by RCW 10.95.060(4); and

     (b) Whether the sentence of death is excessive or disproportionate to the penalty imposed in similar cases, considering both the crime and the defendant. For the purposes of this subsection, "similar cases" means cases reported in the Washington Reports or Washington Appellate Reports since January 1, 1965, in which the judge or jury considered the imposition of capital punishment regardless of whether it was imposed or executed, and cases in which reports have been filed with the supreme court under RCW 10.95.120;

     (c) Whether the sentence of death was brought about through passion or prejudice; and

     (d) Whether the defendant was mentally retarded within the meaning of RCW 10.95.030(2).

[1993 c 479 § 3; 1981 c 138 § 13.]