Has anyone tried a two-strike sex offender case? I have one starting Monday the 28th, and need some guidance with the charge and how exactly the issue of the prior is put before the jury. My idea is to, after a guilty verdict, prove up only the prior, then submit a special issue to the jury on whether or not they believe that the defendant is the same person previously convicted, so that we don't have to do a traditional punishment phase if they answer affirmatively. Am I on the right track? Nobody in McLennan County has had one of these cases go to a jury before.

There is nothing in the Code of Criminal Procedure that suggests there can be a tri-furcated trial. You should just present the enhancement in the punishment stage just like any other enhancement. Surely you know whether you can prove up the enhancment.