We have our first case under this section.
Our question is whether we should allege in the indictment the enhancement notice or wait until after indictment to send notice.
If anyone has done this before, pleae let me know as to how you addressed this issue and the language of the notice. Thanks, Doris Berry

I have not used this statute before, but I would put it in the indictment by tracking the language of the statute as it applies to the facts of your case. It would be in a separate paragraph.

We haven't used the statute either, though we will be soon on a recent case. I agree that it would probably be best to place the enhancement in separate paragraph tracking the language of your facts. Let me know if you remember, how things go with your case. Thanks.


Steve Lilley
Asst. D.A. Hopkins County