Degree of Offense to be Determined Upon Plea

(a)Upon a plea of guilty to a crime divided into degrees, the court shall, before passing sentence, determine the degree. Upon the failure of the court to so determine, the degree of the crime of which the defendant is guilty shall be deemed to be of the lesser degree.

(b)Notwithstanding Subsection (a), upon a plea of guilty to a crime divided into degrees, such plea may specify the degree thereof and in such event, the defendant cannot be punished for a higher degree of the crime than the degree specified.