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2017 Arkansas Code
Title 5 - Criminal Offenses
Subtitle 1 - General Provisions
Chapter 4 - Disposition of Offenders
Subchapter 1 - General Provisions
§ 5-4-103. Sentencing -- Role of jury and court
Universal Citation: AR Code § 5-4-103 (2017)
- (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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