(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.
Arkansas Legal Code