(a) A prior conviction may be alleged when the existence of such conviction changes the punishment which can be imposed upon the defendant. Such conviction may be alleged by charging: AThat the defendant, before the commission of the offense charged was convicted of the crime of [name of offense and statutory reference], a [felony, misdemeanor or petty misdemeanor] in the [name of court] on or about [date of conviction].@ (b) When, prior to trial, it is discovered that an indictment or information does not allege all of the prior convictions permitted pursuant to Subsection (a), the prosecuting attorney, upon application to and order of the court, may amend the pleading to include such charge. The defendant shall promptly be re-arraigned on such indictment or information as amended and be required to plead thereto. NOTE: Section 55.40 replaces former §§ 969 and 969a. In contrast to former § 969, § 55.40 makes clear that the prosecuting attorney has the initial discretion to choose whether or not prior convictions should be charged. Where such convictions are charged, their relevance and importance for sentencing are then matters for the court to decide. See 9 GCA §§ 80.38, 80.40, (criteria for extended terms). Section 55.40 has also been revised in conformity with California Penal Code § 969a to include a reference to indictments.
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COL9132016