North Carolina § 15A-2001 - Capital offenses; plea of guilty.

§ 15A-2001. Capital offenses; plea of guilty.

Any defendant who has been indicted for an offense punishable by death may enter a plea of guilty at any time after the indictment. If the defendant enters a guilty plea to first degree murder and the State has not given notice of intent to seek the death penalty as provided in G.S. 15A-2004 or the State has agreed to accept a sentence of life imprisonment where it initially gave notice of intent to seek the death penalty, then the court shall sentence the person to life imprisonment. The defendant may plead guilty to first degree murder and the State may agree to accept a sentence of life imprisonment, even if evidence of an aggravating circumstance exists. If the defendant enters a guilty plea to first degree murder and the State has given notice of its intent to seek the death penalty, then the court may sentence the defendant to life imprisonment or to death pursuant to the procedures of G.S. 15A-2000. Before sentencing the defendant in a case in which the State has given notice of its intent to seek the death penalty, the presiding judge shall impanel a jury for the limited purpose of hearing evidence and determining a sentence recommendation as to the appropriate sentence pursuant to G.S. 15A-2000. The jury's sentence recommendation in cases where the defendant pleads guilty and the State has given notice of its intent to seek the death penalty shall be determined under the same procedure of G.S. 15A-2000 applicable to defendants who have been tried and found guilty by a jury. History (1977, c. 406, s. 2; 2001-81, s. 2.) Editor's Note. - Session Laws 2001-81, s. 1, which amended this section, is effective July 1, 2001, and applicable to pending and future cases, except that the provisions of the act regarding the State's notice of intent to seek the death penalty do not apply to defendants indicted in capital cases before the effective date of the act. Legal Periodicals. - For comment on capital sentencing statute, see 16 Wake Forest L. Rev. 765 (1980). For note on jury discretion in capital cases in light of State v. Pinch, 306 N.C. 1 , 292 S.E.2d 203, cert. denied, 103 S. Ct. 474 (1982), see 5 Campbell L. Rev. 451 (1983).