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This section and §§ 40-14-105 and 40-14-106 only apply to criminal cases in a court of record.
Nothing in this section, § 40-14-105 or § 40-14-106 shall prevent any person so indicted or presented from waiving the provisions of this section, § 40-14-105 or § 40-14-106.
This section and §§ 40-14-105 and 40-14-106 do not apply to persons entering a plea of guilty.