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16-90-205. Trial procedure for habitual criminals.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-90-205. Trial procedure for habitual criminals.
The following trial procedure shall be adhered to in cases involving habitual criminals:
(1) The jury shall first hear all of the evidence pertaining to the current charge against the defendant and shall retire to reach its verdict as to this charge based only upon the evidence. However, nothing in this subdivision (1) shall prohibit cross-examination of a defendant as to previous convictions when the defendant takes the stand in his or her own defense;
(2) If the defendant is found guilty, the same jury shall sit again and hear evidence of the defendant's prior conviction or convictions. However, the defendant shall have the right to deny the existence of any prior convictions and to offer evidence in support of this denial; and
(3) The jury shall again retire, and if it is found that one (1) or more prior convictions exist or if the defendant admits the previous conviction or convictions, then the prior conviction or convictions shall be considered in fixing the punishment for the current offense for which the defendant has been convicted in accordance with § 16-90-201.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-90-205
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:16-90-205
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 7b5d8e083cf995e0df7e56980a5d638d56d4e25686c6df3d5db8036100ed2583
Source location: content.xml paragraph 34302
Stored source content
16-90-205. Trial procedure for habitual criminals.
The following trial procedure shall be adhered to in cases involving habitual criminals:
(1) The jury shall first hear all of the evidence pertaining to the current charge against the defendant and shall retire to reach its verdict as to this charge based only upon the evidence. However, nothing in this subdivision (1) shall prohibit cross-examination of a defendant as to previous convictions when the defendant takes the stand in his or her own defense;
(2) If the defendant is found guilty, the same jury shall sit again and hear evidence of the defendant's prior conviction or convictions. However, the defendant shall have the right to deny the existence of any prior convictions and to offer evidence in support of this denial; and
(3) The jury shall again retire, and if it is found that one (1) or more prior convictions exist or if the defendant admits the previous conviction or convictions, then the prior conviction or convictions shall be considered in fixing the punishment for the current offense for which the defendant has been convicted in accordance with § 16-90-201.
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-90-201. Punishment for second or subsequent convictions generally.
Any person convicted of an offense which is punishable by imprisonment in the Division of Correction who shall subsequently be convicted for another offense shall be punished as follows:
(1) If the second offense is such that, upon a first conviction, the offender could be punished by imprisonment for a term less than his or her natural life, then the sentence to imprisonment shall be for a determinate term not less than one (1) year more than the minimum sentence provided by law for a first conviction of the offense for which the defendant is being tried, and not more than the maximum sentence provided by law for this offense, unless the maximum sentence is less than the minimum sentence plus one (1) year, in which case the longer term shall govern;
(2) If the third offense is such that, upon a first conviction, the offender could be punished by imprisonment for a term less than his or her natural life, then the person shall be sentenced to imprisonment for a determinate term not less than three (3) years more than the minimum sentence provided by law for a first conviction of the offense for which the defendant is being tried, and not more than the maximum sentence provided by law for the offense, unless the maximum sentence is less than the minimum sentence plus three (3) years, in which case the longer term shall govern; and
(3)(A) If the fourth or subsequent offense is such that, upon a first conviction, the offender could be punished by imprisonment for a term less than his or her natural life, then the person shall be sentenced to imprisonment for the fourth or subsequent offense for a determinate term not less than the maximum sentence provided by law for a first conviction of the offen
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-90-201
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-90-201. This identifies an authority to review, not proof of applicability.