Aurora theater shooting trial moves into penalty phase

Aurora Theater Shooting

Aurora theater shooter James Holmes listens to the 165 guilty verdicts handed down by a jury on Thursday, July 16, 2015.

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CENTENNIAL, Colo. — Jurors are expected back in court Wednesday morning for the penalty phase of the Aurora theater shooting trial.

On Thursday, the shooter was found guilty of 165 counts — including 24 counts of first-degree murder.

The shooter has been in court the past two days as attorneys have gotten together to discuss the framework of the penalty phase of the trial that could go through three sections.

RELATED: Complete, in-depth coverage of the theater trial

The jury will consider he first phase Wednesday morning, aggravating factors, followed by mitigating factors and if it gets that far, victim impact testimony or statements.

The jury will hear closing arguments in each of the three phases, deliberate after each and ultimately decide the future of a man who killed 12 people and injured 70 others on July 20, 2012.

“The victims are split at this point,” criminal defense attorney Chris Decker said.

The shooter said in court Tuesday that he will not be speaking during the first phase.

Court resumes at 8:40 a.m.

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