Redding v. State
In Redding v. State, 254 Ark. 317, 493 S.W.2d 116 (1973), the court elaborated on the meaning of the phrase, "sentencing court," as used in Ark. Stat. Ann. 43-2337, a predecessor to Ark. Code Ann. 16-90-120. The court wrote,
... The "court" in criminal trials in our state ordinarily consists of judge and jury and the words "the sentencing court" have no definite meaning.
We are of the view that the legislature's use of the words "sentencing court" was intended by the legislature to refer either to the judge or the jury and that the factual issue as to the use of a firearm is to be determined by the trial court if a jury is waived and otherwise by the jury as in the case at bar. (Redding v. State, 254 Ark. at 320, 493 S.W.2d at 118.)