Sentencing — Role of jury and court

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  1. (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.

  2. (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. (1) The defendant pleads guilty to an offense;

    2. (2) The defendant's guilt is tried by the court;

    3. (3) The jury fails to agree on punishment;

    4. (4) The prosecution and the defense agree that the court may fix punishment; or

    5. (5) A jury sentence is found by the trial court or an appellate court to be in excess of the punishment authorized by law.


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