46.2306 Extended term procedures.

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(a) The court shall not impose an extended term under 46.2305 (a), (b), (c), or (d) unless:

(1) the indictment or information, original, amended, or in lieu of an indictment, pleads all essential facts warranting imposition of an extended term; and

(2) after a finding of guilty or a plea of guilty, a sentencing hearing is held at which evidence establishing the basis for an extended term is presented in open court with full rights of confrontation and cross-examination, and with the defendant having the opportunity to present evidence; and

(3) the court determines the existence of the basis for the extended term and makes specific findings to that effect.

(b) Nothing in this section prevents the use of presentence investigations or commitments under 46.1908 and 46.1909.

(c) At the sentencing hearing both the Territory and the defendant are permitted to present additional information bearing on the issue of sentence.

History: 1979, PL 16-43 § 2; amd 1982, PL 17-42 § 2.

Amendments: 1982 Subsection (a) introductory paragraph amended.

Research Guide: MCC 558.021.