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Oklahoma · Snapshot open-us-law v2026.08, retrieved 2026-09-14

Okla. Stat. tit. 22, § 22-860.1: Second or subsequent offenses – Trial procedure

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Where this section sits in the code
  1. OK Code
  2. Title 22

In all cases in which the defendant is prosecuted for a second

or subsequent offense, except in those cases in which former

conviction is an element of the offense, the procedure shall be as

follows:

1. The trial shall proceed initially as though the offense

charged was the first offense; when the indictment or information is

read all reference to prior offenses shall be omitted; during the

trial of the case no reference shall be made nor evidence received

of prior offenses except as permitted by the rules of evidence; the

judge shall instruct the jury only on the offense charged; the jury

shall be further instructed to determine only the guilt or innocence

on the offense charged, and that punishment at this time shall not

be determined by the jury; and

2. If the verdict be guilty of the offense charged, that portion

of the indictment or information relating to prior offenses shall be

read to the jury and evidence of prior offenses shall be received.

The court shall then instruct the jury on the law relating to second

and subsequent offenses, and the jury shall then retire to determine

the fact of former conviction, and the punishment, as in other

cases.

Collected 2026-09-14T18:32:36Z. Source file · JSON

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