Ark. Code Ann. § 5-4-103
This is the official text of Ark. Code Ann. § 5-4-103, part of Arkansas’s Code Ann — part of the compiled statutory law of Arkansas, published by the state as "Code Ann." Browse the sections below, each linked to its official government source.
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Sentencing - Role of jury and court
Official statutory text
(a) If a defendant is charged with a felony and is found guilty of an offense by a jury, the jury shall fix punishment in a separate proceeding as authorized by this chapter. (b) Except as provided by §§ 5-4-601 - 5-4-605 , 5-4-607 , and 5-4-608 , the court shall fix punishment as authorized by this chapter in any case in which: (1) The defendant pleads guilty to an offense; (2) The defendant's guilt is tried by the court; (3) The jury fails to agree on punishment; (4) The prosecution and the defense agree that the court may fix punishment; or (5) A jury sentence is found by the trial court or an appellate court to be in excess of the punishment authorized by law. Acts 1975, No. 280, § 802; A.S.A. 1947, § 41-802; Acts 1993, No. 535, § 1; 1993, No. 551, § 1.
(a) If a defendant is charged with a felony and is found guilty of an offense by a jury, the jury shall fix punishment in a separate proceeding as authorized by this chapter.
(b) Except as provided by §§ 5-4-601 - 5-4-605 , 5-4-607 , and 5-4-608 , the court shall fix punishment as authorized by this chapter in any case in which: (1) The defendant pleads guilty to an offense; (2) The defendant's guilt is tried by the court; (3) The jury fails to agree on punishment; (4) The prosecution and the defense agree that the court may fix punishment; or (5) A jury sentence is found by the trial court or an appellate court to be in excess of the punishment authorized by law.
(1) The defendant pleads guilty to an offense;
(2) The defendant's guilt is tried by the court;
(3) The jury fails to agree on punishment;
(4) The prosecution and the defense agree that the court may fix punishment; or
(5) A jury sentence is found by the trial court or an appellate court to be in excess of the punishment authorized by law.
Acts 1975, No. 280, § 802; A.S.A. 1947, § 41-802; Acts 1993, No. 535, § 1; 1993, No. 551, § 1.
(a) If a defendant is charged with a felony and is found guilty of an offense by a jury, the jury shall fix punishment in a separate proceeding as authorized by this chapter.
(b) Except as provided by §§ 5-4-601 - 5-4-605 , 5-4-607 , and 5-4-608 , the court shall fix punishment as authorized by this chapter in any case in which: (1) The defendant pleads guilty to an offense; (2) The defendant's guilt is tried by the court; (3) The jury fails to agree on punishment; (4) The prosecution and the defense agree that the court may fix punishment; or (5) A jury sentence is found by the trial court or an appellate court to be in excess of the punishment authorized by law.
(1) The defendant pleads guilty to an offense;
(2) The defendant's guilt is tried by the court;
(3) The jury fails to agree on punishment;
(4) The prosecution and the defense agree that the court may fix punishment; or
(5) A jury sentence is found by the trial court or an appellate court to be in excess of the punishment authorized by law.
Acts 1975, No. 280, § 802; A.S.A. 1947, § 41-802; Acts 1993, No. 535, § 1; 1993, No. 551, § 1.
Status: in_force
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