(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. 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. 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.
‹ Prev All Arkansas sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.