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16-97-104. Proof of prior convictions.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-97-104. Proof of prior convictions.
Proof of prior convictions, both felony and misdemeanor, and proof of juvenile adjudications shall follow the procedures outlined in §§ 5-4-502 — 5-4-504.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-97-104
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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Stable record: arkansas_code:legal_authorities:16-97-104
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 4a514e728c1f5fc6bd7ea93db6869530b85b19b6a4c701d211cc9d07481713cf
Source location: content.xml paragraph 41090
Stored source content
16-97-104. Proof of prior convictions.
Proof of prior convictions, both felony and misdemeanor, and proof of juvenile adjudications shall follow the procedures outlined in §§ 5-4-502 — 5-4-504.
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-4-502. Habitual offenders — Sentencing procedure.
The following procedure governs a trial at which a sentence to an extended term of imprisonment is sought pursuant to § 5-4-501:
(1) The jury shall first hear all evidence relevant to the felony with which the defendant is currently charged and shall retire to reach a verdict of guilt or innocence on this charge;
(2)(A) If the defendant is found guilty of the felony, out of the hearing of the jury the trial court shall hear evidence of the defendant's prior felony convictions or prior findings of the defendant's guilt of felonies and shall determine the number of prior felony convictions, if any.
(B) The defendant shall have the right to hear and controvert evidence described in subdivision (2)(A) of this section and to offer evidence in his or her support;
(3)(A) The trial court shall then instruct the jury as to the number of prior felony convictions and the statutory sentencing range.
(B) The jury may be advised as to the nature of a prior felony conviction and the date and place of a prior felony conviction; and
(4) The jury shall retire again and then determine a sentence within the statutory range.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-4-502
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 5-4-502. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-4-504. Habitual offenders — Proof of previous conviction.
(a) A previous conviction or finding of guilt of a felony may be proved by any evidence that satisfies the trial court beyond a reasonable doubt that the defendant was convicted or found guilty.
(b) Any of the following are sufficient to support a finding of a prior conviction or finding of guilt:
(1) A certified copy of the record of a previous conviction or finding of guilt by a court of record;
(2) A certificate of the warden or other chief officer of a correctional institution of this state or of another jurisdiction, containing the name and fingerprints of the defendant as the name and fingerprints appear in the records of the warden's or other chief officer's office; or
(3) A certificate of the chief custodian of the records of the United States Department of Justice, containing the name and fingerprints of the defendant as the name and fingerprints appear in the records of the chief custodian's office.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-4-504
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 5-4-504. This identifies an authority to review, not proof of applicability.