21-4715. Offender's criminal history; admission in court or determined by judge; burden of proof; notice of error by offender.
21-4715
21-4715. Offender's criminal history; admission incourt or determined byjudge; burden of proof; notice of error by offender.(a) The offender's criminal history shall be admitted in opencourt by the offender or determined by a preponderance of the evidence at thesentencing hearing by the sentencing judge.
(b) Except to the extent disputed in accordance with subsection (c), thesummary of the offender's criminal history prepared for the court by the stateshall satisfy the state's burden of proof regarding an offender'scriminal history.
(c) Upon receipt of the criminal history worksheet prepared for the court,the offender shall immediately notify the district attorney and the court withwritten notice of any error in the proposed criminal history worksheet. Suchnotice shall specify the exact nature of the alleged error. Thestate shall have the burden of producing further evidence to satisfy its burdenof proof regarding any disputed part, or parts, of the criminal history and thesentencing judge shall allow the state reasonable time to produce such evidenceto establish the disputed portion of the criminal history by a preponderance ofthe evidence. If the offender later challenges such offender's criminalhistory, which has been previously established, the burden of proof shall shiftto the offender to prove such offender's criminal history by a preponderance ofthe evidence.
History: L. 1992, ch. 239, § 15;L. 2002, ch. 163, § 3;L. 2009, ch. 132, § 13; July 1.