Waiver of death penalty
Applied in 2 court decisions — leading case DECAY v. State (2009)
Most recently applied in True v. State (November 2017)
Acts 1975, No. 280, § 1307; 1977, No. 474, § 14; A.S.A. 1947, § 41-1307.
(1) If a defendant is charged with capital murder, with the permission of the court the prosecuting attorney may waive the death penalty.
(2) In a case described in subsection (a) of this section, if the defendant pleads guilty to capital murder or is found guilty of capital murder after trial to the court or to a jury, the trial court shall sentence the defendant to life imprisonment without parole.
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.