§706-664  Procedure for imposing extended terms of imprisonment.  Hearings to determine the grounds for imposing extended terms of imprisonment may be initiated by the prosecutor or by the court on its own motion.  The court shall not impose an extended term unless the ground therefor has been established at a hearing after the conviction of the defendant and on written notice to the defendant of the ground proposed.  Subject to the provisions of section 706-604, the defendant shall have the right to hear and controvert the evidence against the defendant and to offer evidence upon the issue. [L 1972, c 9, pt of §1; am L 1986, c 314, §42; gen ch 1992]

 

COMMENTARY ON §706-664

 

  This section sets forth the procedure when the court has before it a motion in favor of sentencing the defendant to imprisonment for an extended term.  Fairness to the defendant demands that the defendant receive notice of the ground upon which an extended term is proposed and that the hearing focus on this issue.  In other respects the hearing will be the same as that provided for in cases involving the possibility of imprisonment within the ordinary limits.

 

Case Notes

 

  Question as to proper procedure for making finding of multiple offender raised but not decided.  56 H. 32, 526 P.2d 1200.

  Independent hearing with full procedural due process.  56 H. 628, 548 P.2d 632.

  Notice of hearing may issue from court without help from prosecutor.  60 H. 93, 588 P.2d 412.

  The court may properly initiate extended term hearings, notwithstanding inaction by prosecutor.  60 H. 100, 588 P.2d 409.

  Notice adequate under circumstances.  63 H. 488, 630 P.2d 619.