Waiver of death penalty

Ark. Code Ann. § 5-4-608 — under Disposition of Offenders.

Ark. Code Ann. § 5-4-608

(a) If a defendant is charged with a capital offense, with the permission of the court the prosecuting attorney may waive the death penalty.

(b) In a case described in subsection (a) of this section, if the defendant pleads guilty to a capital offense or is found guilty of a capital offense after trial to the court or to a jury, the trial court shall sentence the defendant to life imprisonment without parole.