Ark. Code Ann. § 5-4-502
This is the official text of Ark. Code Ann. § 5-4-502, part of Arkansas’s Code Ann — part of the compiled statutory law of Arkansas, published by the state as "Code Ann." Browse the sections below, each linked to its official government source.
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Habitual offenders - Sentencing procedure
Official statutory text
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. Acts 1975, No. 280, § 1005; 1977, No. 474, § 7; 1981, No. 252, § 3; A.S.A. 1947, § 41-1005.
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;
(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
(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.
Acts 1975, No. 280, § 1005; 1977, No. 474, § 7; 1981, No. 252, § 3; A.S.A. 1947, § 41-1005.
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;
(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
(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.
Acts 1975, No. 280, § 1005; 1977, No. 474, § 7; 1981, No. 252, § 3; A.S.A. 1947, § 41-1005.
Status: in_force
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