Rule 9-301. Record of arraignment and conviction.

Intent:

To establish a procedure for justice courts to follow in making a record at the time of arraignment and conviction in those cases where the defendant may be subject to an enhanced penalty if convicted of the same offense in the future.

Applicability:

This rule shall apply to the justice courts in those cases where the defendant may be subject to an enhanced penalty if convicted of the same offense in the future.

Statement of the Rule:

(1) At the time of arraignment, the justice court judge shall determine whether the defendant would be subject to an enhanced penalty if convicted of the same offense in the future.

(2) If the defendant would be subject to an enhanced penalty, upon the entry of a plea of guilty, the justice court judge shall:

(A) Advise the defendant, orally and in writing of the defendant's rights, the elements of the charged offense, the penalties for the charged offense, and the enhancement penalty which may be imposed in the event the defendant is convicted of the same offense in the future; and

(B) Require the defendant to sign a statement acknowledging that the defendant understands his rights and that he knowingly, intelligently and voluntarily waives those rights.

(3) Upon the entry of a guilty plea or receipt of a conviction, the justice court judge shall execute a written and signed judgment of conviction and forward the appropriate information and/or fingerprints to the state agencies responsible for maintaining criminal records.