{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-860.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-860.1","heading":"Second or subsequent offenses – Trial procedure","body":"In all cases in which the defendant is prosecuted for a second\n\nor subsequent offense, except in those cases in which former\n\nconviction is an element of the offense, the procedure shall be as\n\nfollows:\n\n1. The trial shall proceed initially as though the offense\n\ncharged was the first offense; when the indictment or information is\n\nread all reference to prior offenses shall be omitted; during the\n\ntrial of the case no reference shall be made nor evidence received\n\nof prior offenses except as permitted by the rules of evidence; the\n\njudge shall instruct the jury only on the offense charged; the jury\n\nshall be further instructed to determine only the guilt or innocence\n\non the offense charged, and that punishment at this time shall not\n\nbe determined by the jury; and\n\n2. If the verdict be guilty of the offense charged, that portion\n\nof the indictment or information relating to prior offenses shall be\n\nread to the jury and evidence of prior offenses shall be received.\n\nThe court shall then instruct the jury on the law relating to second\n\nand subsequent offenses, and the jury shall then retire to determine\n\nthe fact of former conviction, and the punishment, as in other\n\ncases.","path":["OK Code","Title 22"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os22.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"7df88048af77e8da99d5e552b0b3e6c02409f672d7e6d5484ca5751da289af4f","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-859","next":"us-ok/okla.-stat.-tit.-22-22-861"},"notice":"GroundRules: Original legal text. Not legal advice."}