(a) Any defendant who has been indicted for an offense punishable by death may enter a plea of guilty at any time after the indictment.
(b) 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.
(c) 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. (1977, c. 406, s. 2; 2001-81, s. 2.)
Notes of Decisions
Cited in
6
cases, 1979–2000 · leading case:
State v. Johnson, 259 S.E.2d 752 (N.C. 1979).
State v. Johnson, 259 S.E.2d 752 (N.C. 1979).
· cites it 4× “We are of the opinion that the pertinent provisions of the statutes involved support the trial judge's ruling which, in effect, recognized that he had no authority to waive the requirement that a jury be impaneled to recommend punishment when a defendant enters a plea of guilty.”
State v. Johnson, 257 S.E.2d 597 (N.C. 1979).
· cites it 4× “G.S. 15A-2001 provides: "Any person who has been indicted for an offense punishable by death may enter a plea of guilty at any time after his indictment, and the judge of the superior court having jurisdiction may sentence such person to life imprisonment or to death pursuant to…”
State v. Smith, 532 S.E.2d 773 (N.C. 2000).
· cites it 3× “N.C.G.S. § 15A-2001 (1999). Unless such provisions are determined to violate the Constitution of this state or of the United States, it is not within this Court’s constitutional powers to disregard them and to legislate others.”
State v. Hucks, 374 S.E.2d 240 (N.C. 1988).
· cites it 4× “Nor was that the intent of the separate provisions of N.C.G.S. § 15A-2001 for guilty pleas and impaneling juries for the purpose of sentencing in capital cases.”
Beets v. State, 821 P.2d 1044 (Nev. 1991).
· cites it 2× “§ 31 -20A-1 (1990); N.C. Gen. Stat. § 15A-2001 (1988); Or. Rev.”
State v. Jones, 261 S.E.2d 860 (N.C. 1980).
“G.S. 15A-2001. The presiding judge is required by G.”
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