Rule 2.71 - Prior convictionsIf the complaint alleges one or more prior convictions that subject the defendant to an increased sentence, the defendant shall have the opportunity in open court to affirm or deny that the defendant is the person previously convicted, or that the defendant was not represented by counsel and did not waive counsel when previously convicted.
2.71(1) Prior to accepting any affirmation by the defendant, the court shall determine that a factual basis exists for the affirmation and shall have a colloquy with the defendant as provided in rule 2.19(8). However, such colloquy shall omit reference to a waiver of trial by jury unless the defendant timely requested a jury.2.71(2) If the defendant denies being the person previously convicted, sentence shall be postponed for such time as to permit a trial on the matter.2.71(3) If jury trial was demanded, the court may, on the issue of identity, reconvene the jury that heard the current offense or dismiss that jury and submit the issue to another jury to be later impaneled. Other objections shall be determined by the court.66GA, ch 1245(2), § 1302; amendment 1982; Report November 9, 2001, effective 2/15/2002; Court Order October 14, 2022, effective 7/1/2023.