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2017 Arkansas Code
Title 16 - Practice, Procedure, and Courts
Subtitle 6 - Criminal Procedure Generally
Chapter 90 - Judgment and Sentence Generally
Subchapter 2 - Multiple Convictions
§ 16-90-205. Trial procedure for habitual criminals
Universal Citation: AR Code § 16-90-205 (2017)
- 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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