Degree of Offense to be Determined Upon Plea

(a) Upon a plea of guilty to a crime divided into degrees, the court shall, before passing sentence, determine the degree. Upon the failure of the court to so determine, the degree of the crime of which the defendant is guilty shall be deemed to be of the lesser degree. (b) Notwithstanding Subsection (a), upon a plea of guilty to a crime divided into degrees, such plea may specify the degree thereof and in such event, the defendant cannot be punished for a higher degree of the crime than the degree specified. NOTE: Section 60.75 continues the substance of former § 1192 and adds a provision comparable to California Penal Code § 1192.1. The section should, however, have limited applicability under the procedures provided by this Code and the classifications provided by the new Criminal and Correctional Code. This is, rarely, if ever, will the charge of the prosecuting attorney not be specific, see § 55.10, and the penalty therefore precise.