Okla. Stat. tit. 22, § 22-860.1
This is the official text of Okla. Stat. tit. 22, § 22-860.1, part of Oklahoma’s Stat. tit. 22, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 22,." Browse the sections below, each linked to its official government source.
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Second or subsequent offenses – Trial procedure
Official statutory text
In all cases in which the defendant is prosecuted for a second
or subsequent offense, except in those cases in which former
conviction is an element of the offense, the procedure shall be as
follows:
1. The trial shall proceed initially as though the offense
charged was the first offense; when the indictment or information is
read all reference to prior offenses shall be omitted; during the
trial of the case no reference shall be made nor evidence received
of prior offenses except as permitted by the rules of evidence; the
judge shall instruct the jury only on the offense charged; the jury
shall be further instructed to determine only the guilt or innocence
on the offense charged, and that punishment at this time shall not
be determined by the jury; and
2. If the verdict be guilty of the offense charged, that portion
of the indictment or information relating to prior offenses shall be
read to the jury and evidence of prior offenses shall be received.
The court shall then instruct the jury on the law relating to second
and subsequent offenses, and the jury shall then retire to determine
the fact of former conviction, and the punishment, as in other
cases.
or subsequent offense, except in those cases in which former
conviction is an element of the offense, the procedure shall be as
follows:
1. The trial shall proceed initially as though the offense
charged was the first offense; when the indictment or information is
read all reference to prior offenses shall be omitted; during the
trial of the case no reference shall be made nor evidence received
of prior offenses except as permitted by the rules of evidence; the
judge shall instruct the jury only on the offense charged; the jury
shall be further instructed to determine only the guilt or innocence
on the offense charged, and that punishment at this time shall not
be determined by the jury; and
2. If the verdict be guilty of the offense charged, that portion
of the indictment or information relating to prior offenses shall be
read to the jury and evidence of prior offenses shall be received.
The court shall then instruct the jury on the law relating to second
and subsequent offenses, and the jury shall then retire to determine
the fact of former conviction, and the punishment, as in other
cases.
Status: in_force · Read it on the official government site
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