§ 5-4-608 - Waiver of death penalty.
               	 		
5-4-608.    Waiver of death penalty.
    (a)  If  a defendant is charged with capital murder, with the permission of the  court the prosecuting attorney may waive the death penalty.
(b)  In  a case described in subsection (a) of this section, if the defendant  pleads guilty to capital murder or is found guilty of capital murder  after trial to the court or to a jury, the trial court shall sentence  the defendant to life imprisonment without parole.