Sentencing — Role of jury and court

Ark. Code Ann. § 5-4-103 — under Disposition of Offenders.

Ark. Code Ann. § 5-4-103

(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.

(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.