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5-4-502. Habitual offenders — Sentencing procedure.
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. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:5-4-502
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 4f72377b59e430e25e51c44412c750866814adeff48ab2cd7a527b897f4208bf
Source location: content.xml paragraph 5681
Stored source content
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.
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-4-501. Habitual offenders — Sentencing for felony.
(a)(1) A defendant meeting the following criteria may be sentenced to pay any fine authorized by law for the felony conviction and to an extended term of imprisonment as set forth in subdivision (a)(2) of this section:
(A) A defendant who:
(i) Is convicted of a felony other than those enumerated in subsections (c) and (d) of this section committed after June 30, 1993; and
(ii) Has previously been convicted of more than one (1) felony but fewer than four (4) felonies or who has been found guilty of more than one (1) but fewer than four (4) felonies;
(B) A defendant who:
(i) Is convicted of any felony enumerated in subsection (c) of this section committed after August 31, 1997; and
(ii) Has previously been convicted of more than one (1) felony but fewer than four (4) felonies not enumerated in subsection (c) of this section or who has been found guilty of more than one (1) but fewer than four (4) felonies not enumerated in subsection (c) of this section; or
(C) A defendant who:
(i) Is convicted of any felony enumerated in subsection (d) of this section committed after August 31, 1997; and
(ii) Has previously been convicted of more than one (1) felony but fewer than four (4) felonies not enumerated in subsection (d) of this section or has been found guilty of more than one (1) but fewer than four (4) felonies not enumerated in subsection (d) of this section.
(2) The extended term of imprisonment for a defendant described in subdivision (a)(1) of this section is as follows:
(A) For a conviction of a Class Y felony, a term of imprisonment of not less than ten (10) years nor more than sixty (60) years, or life;
(B) For a conviction of a Class A felony, a term of imprisonment of not less than six (6
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-4-501
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 5-4-501. This identifies an authority to review, not proof of applicability.