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Rule 803 – Guilty Plea Procedure

May 14, 2021 | Criminal Procedure, Pennsylvania

(A) When a defendant charged with murder enters a plea of guilty to a charge of murder generally, the degree of guilt shall be determined by a jury unless the attorney for the Commonwealth elects to have the judge, before whom the plea is entered, alone determine the degree of guilt.
(B) If the crime is determined to be murder of the first degree the sentencing proceeding shall be conducted as provided by law.

234 Pa. Code ยง 803

Committee Explanatory Reports:

Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court’s Order at 30 Pa.B. 1477 (March 18, 2000) .

Final Report explaining the September 18, 2008 amendments to paragraph (A) concerning juries determining degree of guilt published with the Court’s Order at 38 Pa.B. 5431 (October 4, 2008) .