A defendant who is indicted for a capital offense may plead guilty to it, but the state, only in cases where the death penalty is to be imposed, must prove the defendant’s guilt of the capital offense beyond a reasonable doubt to a jury. The guilty plea may be considered in determining whether the state has met that burden of proof. The guilty plea shall have the effect of waiving all non-jurisdictional defects in the proceeding resulting in the conviction except the sufficiency of the evidence. A defendant convicted of a capital offense after pleading guilty to it shall be sentenced according to the provisions of Section 13A-5-43(d).
Ala. Code § 13A-5-42
Guilty Plea; Burden of Proof Upon State; Waiver; Sentencing.
Known as the Alabama Criminal Code
The act spans §§ 13A-10-1 to 13A-9-92 (653 sections).
Applied in 2 court decisions — leading case Mashburn v. Commissioner, Alabama Department of Corrections (2017)
Most recently applied in Ellis Louis Mashburn, Jr. v. Commissioner, Alabama Department of Corrections (September 2023)
(Acts 1981, No. 81-178, p. 203, §4; Act 2013-354, p. 1267, §1.)
Official source: Alabama Legislature (ALISON). Reproduced from public-domain Alabama statutes; confirm against the official source for the current text. Not legal advice.