Ark. Code Ann. § 16-97-102

Sentencing by the court

Applied in 3 court decisions — leading case Marshall v. State (2000)

Most recently applied in Griffin v. State (October 2015)

Acts 1993, No. 535, § 2; 1993, No. 551, § 2; 1997, No. 1262, § 23.

How often courts cite this section

citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

The following procedure shall govern sentencing by the court:

(1) When either party requests to present evidence relevant to sentencing, the court shall hear or receive such evidence and any rebuttal by the opposing party;

(2) If neither party requests a sentencing hearing, the court may order one or may order a presentence investigation pursuant to § 5-4-102; and

(3) The court may hear or may request argument relevant to the appropriate sentence following either a hearing or a presentence investigation.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.