If an indictment does not allege a prior conviction for a sexual offense with a child, is it enough to send notice two weeks prior to trial of intention to enchance punishment in a new aggravated sexaul assault of a child?

If so, so you refer to the Notice in the jury charge instead of the indictment?

I know it would have been much easier and cleaner to have alleged it in the indictment, but it's too late now. Thanks.

The notice may appear outside the indictment. Should put it in writing and file document with the court, showing a copy was served on defendant and his lawyer.

Or, could appear in court and ask the judge to amend the indictment to add the enhancement language. Defendant has no right to delay, as it is not an amendment of the part of the indictment charging an offense.

Two weeks should be more than reasonable notice. Of course, if defendant comes up with an excuse for delay -- like he didn't know he was previously convicted -- then a continuance might be in order.

If you need case law on that before the new prosecutor comes out, let me know.

There will be a chart in the new prosecutor outlining certain deadline filings with some handy caselaw attached.