Prior convictions allowed

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28-8291. Prior convictions allowed

A. The court:

1. Shall allow the allegation of a prior conviction or any other pending charge of a violation of section 28-8282 that is filed twenty or more days before the date the case is actually tried.

2. May allow the allegation of a prior conviction or any other pending charge of a violation of section 28-8282 that is filed any time before the date the case is actually tried.

B. When the allegation is filed, the state shall make available to the defendant a copy of any information obtained concerning the prior conviction or other pending charge.

C. The sequence of court dispositions of pending cases is immaterial if the offenses were committed within sixty months.


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