West Virginia Code § 62-8-4

Procedure in sentencing inmates to further confinement for second and
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third offenses.
When a inmate convicted of an offense and sentenced to confinement therefor in a state
correctional facility, is received therein, if he or she was before convicted in the United
States of a crime punishable by imprisonment in a state correctional facility, and the record
of his or her conviction does not show that he or she has been sentenced uneder section
eighteen or nineteen, article eleven, chapter sixty-one of this code, the warden of a state
correctional facility may give information thereof, to the circuit court orf the county in which
the facility is located, whether it be alleged or not in the indictment on which he or she was
convicted that he or she had before been previously so convicted. If such information is
given, the court shall cause the inmate to be brought before it, and upon an information
filed, setting forth the several records of conviction, and alletging the identity of the inmate
with the person named in each, shall require the inmate named to say whether he or she is
the same person or not. If he or she say he or she is not, or remain silent, his or her plea, or
the fact of his or her silence, shall be entered of record, and a jury shall be impaneled to
inquire whether the inmate is the same person mentioned in the several records. If the jury
find that he or she is not the same person, he or she shall be remanded to a state
correctional facility; but if they find that he or she is the same person, or if he or she
acknowledge in open court, after being duly cautioned, that he or she is the same person,
the court shall sentence him or her to such further confinement as is prescribed by article
eleven, chapter sixty-one of this code, on a second or third conviction, as the case may be.

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