Maine Code § 17-A-9-A

Allegation of prior conviction when sentence enhanced
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1. Except as otherwise provided by law, a prior conviction must be specially alleged if the
sentencing provision of a crime requires that a present sentence be enhanced because the person has
been previously convicted of a specified crime. For the purpose of this section, a sentence is enhanced
only if the maximum sentence that may be imposed is increased or a mandatory minimum
nonsuspendable sentence must be imposed. The Supreme Judicial Court shall provide by rule the
manner of alleging the prior conviction in a charging instrument and conditions for using that prior
conviction at trial.
[PL 1999, c. 196, §2 (NEW).]
2. Proof that the name and date of birth of the person charged with the current principal offense
are the same as those of the person who has been convicted of the prior offense gives rise to a
permissible inference under the Maine Rules of Evidence, Rule 303 that the person charged with the
current principal offense is the same person as that person convicted of the prior offense.
[PL 2001, c. 383, §3 (AMD); PL 2001, c. 383, §156 (AFF).]
3. Prior convictions may be considered for purposes of enhancing a present sentence if the date of
each prior conviction precedes the commission of the offense being enhanced by no more than 10 years,
except as otherwise provided by law. More than one prior conviction may have occurred on the same
day. The date of conviction is deemed to be the date that the sentence is imposed, even though an
appeal was taken.
[PL 2001, c. 383, §4 (NEW); PL 2001, c. 383, §156 (AFF).]
4. Proof of the date stated in a complaint, information, indictment or other formal charging
instrument gives rise to a permissible inference under the Maine Rules of Evidence, Rule 303 that such
a date is the date the offense was committed, notwithstanding the use of the words "on or about" or the
equivalent. The convictions of 2 or more prior offenses that were committed within a 3-day period are
considered a single conviction for purposes of this section.
[PL 2001, c. 383, §4 (NEW); PL 2001, c. 383, §156 (AFF).]

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