Section 13A-5-42 Guilty plea; burden of proof upon state; waiver; sentencing. - Alabama Statutes

State Codes and Statutes

Statutes > Alabama > Title13A > Chapter5 > 13A-5-42

Section 13A-5-42

Guilty plea; burden of proof upon state; waiver; sentencing.

A defendant who is indicted for a capital offense may plead guilty to it, but the state must in any event prove the defendant's guilt of the capital offense beyond a reasonable doubt to a jury. The guilty plea may be considered in determining whether the state has met that burden of proof. The guilty plea shall have the effect of waiving all non-jurisdictional defects in the proceeding resulting in the conviction except the sufficiency of the evidence. A defendant convicted of a capital offense after pleading guilty to it shall be sentenced according to the provisions of Section 13A-5-43(d).

(Acts 1981, No. 81-178, p. 203, §4.)

State Codes and Statutes

Statutes > Alabama > Title13A > Chapter5 > 13A-5-42

Section 13A-5-42

Guilty plea; burden of proof upon state; waiver; sentencing.

A defendant who is indicted for a capital offense may plead guilty to it, but the state must in any event prove the defendant's guilt of the capital offense beyond a reasonable doubt to a jury. The guilty plea may be considered in determining whether the state has met that burden of proof. The guilty plea shall have the effect of waiving all non-jurisdictional defects in the proceeding resulting in the conviction except the sufficiency of the evidence. A defendant convicted of a capital offense after pleading guilty to it shall be sentenced according to the provisions of Section 13A-5-43(d).

(Acts 1981, No. 81-178, p. 203, §4.)

State Codes and Statutes

Back To Homepage

State Codes and Statutes

Statutes > Alabama > Title13A > Chapter5 > 13A-5-42

Section 13A-5-42

Guilty plea; burden of proof upon state; waiver; sentencing.

A defendant who is indicted for a capital offense may plead guilty to it, but the state must in any event prove the defendant's guilt of the capital offense beyond a reasonable doubt to a jury. The guilty plea may be considered in determining whether the state has met that burden of proof. The guilty plea shall have the effect of waiving all non-jurisdictional defects in the proceeding resulting in the conviction except the sufficiency of the evidence. A defendant convicted of a capital offense after pleading guilty to it shall be sentenced according to the provisions of Section 13A-5-43(d).

(Acts 1981, No. 81-178, p. 203, §4.)