Page:United States Statutes at Large Volume 84 Part 1.djvu/668

 610

PUBLIC LAW 91-358-JULY 29, 1970

[84 STAT.

hearing to determine any issues raised by the response which would except the person from increased punishment. The failure of the Government to include in the information the complete criminal record of the person or any facts in addition to the convictions to be relied upon shall not constitute grounds for invalidating the notice given in the information required by subsection (a)(1). The hearing shall be before the court without a jury and either party may introduce evidence. Except as otherwise provided in paragraph (2) of this subsection, the prosecuting authority shall have the burden of proof beyond a reasonable doubt on any issue of fact. At the request of either party, the court shall enter findings of fact and conclusions of law. " (2) A person claiming that a conviction alleged in the information was obtained in violation of the Constitution of the United States shall set forth his claim, and the factual basis therefor, with particularity in his response to the information. The person shall have the burden of proof by a preponderance of the evidence on any issue of fact raised by the response. Any challenge to a previous conviction, not raised by response to the information before an increased sentence is imposed in reliance thereon, shall be waived unless good cause be shown for failure to make a timely challenge. " (d)(1) If the person files no response to the information, or if the court determines, after hearing, that the person is subject to increased punishment by reason of previous convictions, the court shall proceed to impose sentence upon him as provided by law. "(2) If the court determines that the person has not been convicted as alleged in the information, that a conviction alleged in the information is invalid, or that the person is otherwise not subject to an increased sentence as a matter of law, the court shall, at the request of the prosecutor, postpone sentence to allow an appeal from that determination. If no such request is made, the court shall impose sentence as provided by law. The person may appeal from an order postponing sentence as if sentence had been pronounced and a final judgment of conviction entered. "§23-112. Consecutive and concurrent sentences "A sentence imposed on a person for conviction of an offense shall, unless the court imposing such sentence expressly provides otherwise, run consecutively to any other sentence imposed on such person for conviction of an offense, whether or not the offense (1) arises out of another transaction, or (2) arises out of the same transaction and requires proof of a fact which the other does not. "Chapter 3.—INDICTMENTS A N D INFORMATIONS "SUBCHAPTER I—GENERAL PROVISIONS "Sec.

"23-301. Prosecution by indictment or information. "SUBCHAPTER II—JOINDER "23-311. "23-312. "23-313. "23-314.

Joinder of offenses and of defendants. Joinder of indictments or informations for trial. Relief from prejudicial joinder. Joinder of inconsistent offenses concerning the same property. "SUBCHAPTER III—SUFFICIENCY

"23-321. "23-322. "23-323. "23-324.

Description of money. Intent to defraud. Perjury. Subornation of perjury.

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