Ark. Code § 5-4-103

Current with all legislation passed during the 2023 Regular and First Extraordinary Sessions.
Section 5-4-103 - Sentencing - Role of jury and court
(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.

Ark. Code § 5-4-103

Acts 1975, No. 280, § 802; A.S.A. 1947, § 41-802; Acts 1993, No. 535, § 1; 1993, No. 551, § 1.