Q: Can a person be sentenced as an Habitual Offender pur. Miss. Code Ann. Sec 99-19-83 without evidence at hearing
During the sentencing hearing the State failed to submit any competent evidence that defendant qualified under M.C.A. section 99-19-83
A: Usually, the state has to put forth evidence of the prior convictions in order for the 83 enhancement to apply; however, they can get around that if the defense stipulated to the prior convictions.
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