Procedural Requirements For Utah’s Hvo Enhancements
The prosecuting attorney, or grand jury if an indictment is returned, shall provide notice in the information or indictment that the defendant is subject to punishment as a habitual violent offender. The notice shall include the following information:
- The court;
- The case number; and
- The date of conviction or commitment of any case for which the prosecutor intends to rely.
If the person accused intends to deny that the HVO enhancement is applicable, then the defendant shall serve a “notice of denial” on the prosecutor. The notice of denial shall specify which issues the defendant intends to deny, including:
- that the defendant is the person who was convicted or committed;
- that the defendant’s plea was understandingly or voluntarily entered; or
- that the defendant was represented by an attorney or had waived counsel.
The defendant must serve the denial notice not less than five days prior to trial. Furthermore, the notice of denial must state any details fo the defendant’s assertions regarding the prior conviction and commitment.
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