State v. Ketchum

OPINION

EHRLICH, Presiding Judge.

In this opinion, we address a narrow issue regarding the bifurcated trial of an offense enhanced by the allegation of a prior felony conviction: Whether evidence admitted during the “guilt phase” of the trial later may be considered by the jury to determine whether the defendant was convicted of the alleged prior felony. We hold that consideration of such evidence is proper.

FACTUAL AND PROCEDURAL BACKGROUND

In October 1988, John Howard Ketchum was tried on an indictment charging him with one count of possession and one count of transportation of narcotic drugs…