Separate trial on charge of former conviction.

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32-23-4.4. Separate trial on charge of former conviction.

On a finding of guilty on the first part of the information described in §32-23-4.2 a plea shall be taken and, if necessary, an election made on the second part and a trial thereon proceeded with, and until such time no information as to the second part of the information may be divulged to the jury. If the accused elects a jury trial in the second part of the information, such trial may be had to the same or another jury as the court may direct.

Source: SL 1979, ch 159, §4C; SL 2006, ch 168, §9.


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