Bifurcated Trial In HVO Cases
At the jury trial, the jury is not told of the fact that the defendant entered a notice of denial until after the jury returns its verdict on the underlying felony charge, of the:
- defendant’s previous convictions for violent felonies, except as otherwise provided in the Utah Rules of Evidence; or
- allegation against the defendant of being a habitual violent offender.
If the verdict on the underlying felony charge is guilty, then the defendant shall be tried regarding the allegation of being an habitual violent offender by the same jury, if practicable, unless the defendant waives the jury, in which case the allegation shall be tried immediately to the court.
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