578.389. Enhanced penalty for multiple convictions.
Enhanced penalty for multiple convictions.
578.389. 1. Every person who has been previously convictedof two violations in section 578.377, 578.379, 578.381, 578.383,578.385, 578.387, or 578.389 or any two of them shall, upon asubsequent conviction of any of these offenses, be guilty of aclass C felony and shall be punished accordingly.
2. Evidence of prior convictions shall be heard by thecourt, out of the hearing of the jury, prior to the submission ofthe case to the jury, and the court shall determine the existenceof the prior convictions.
(L. 1987 S.B. 259 § 8)