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Arkansas Code Title 5. Criminal Offenses § 5-4-103. Fixing of punishment

Current as of March 28, 2024 | Updated by Findlaw Staff

(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.

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Cite this article: FindLaw.com - Arkansas Code Title 5. Criminal Offenses § 5-4-103. Fixing of punishment - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-5-criminal-offenses/ar-code-sect-5-4-103/

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