Ark. Code Ann. » Title 16 Chapter 97
Arkansas Code Annotated

Ark. Code Ann. § 16-97-104 (2026)

Proof of prior convictions

✓ current as of May 2026
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Proof of prior convictions, both felony and misdemeanor, and proof of juvenile adjudications shall follow the procedures outlined in §§ 5-4-502 — 5-4-504.

History. Acts 1993, No. 535, § 2; 1993, No. 551, § 2.

Case Notes

In General.

After a determination of guilt by the jury, the trial court hears proof of a charged habitual offender's prior convictions outside of the presence of the jury; the court then instructs the jury on the number of such offenses and the statutory range. Rush v. State, 324 Ark. 147, 919 S.W.2d 933 (1996).

Chapter 98 Treatment for Drug Abuse

Subchapter 1 — General Provisions

[Reserved.]

Subchapter 2 — Pretrial or Posttrial Treatment, Intervention, and Diversion Programs

Notes of Decisions
Cited in 8 cases, 1995–2008 · leading case: Daniels v. State, 908 S.W.2d 638 (Ark. 1995).
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Daniels v. State, 908 S.W.2d 638 (Ark. 1995). · cites it 4× “Finally, Ark. Code Ann. § 16-97-104 (Supp.1993) specifically provides: "Proof of prior convictions, both felony and misdemeanor, and proof of juvenile adjudications shall follow the procedures outlined in §§ 5-4-502—5-4-504.”
Rush v. State, 919 S.W.2d 933 (Ark. 1996). · cites it 4× “Ark. Code Ann. § 16-97-104 (Supp.1993). Under the Habitual Offender Act, after a deterination of guilt by the jury, the trial court hears proof of a charged habitual offender's prior convictions outside of the presence of the jury.”
Vanesch v. State, 37 S.W.3d 196 (Ark. 2001). · cites it 2× “, Ark. Code Ann. § 16-97-104 (Supp. 1997) (“Proof of prior convictions, both felony and misdemeanor, and proof of juvenile adjudications shall follow the procedures outlined in §§ 5-4-501 - 5-4-504.”
Walls v. State, 986 S.W.2d 397 (Ark. 1999). · cites it 2× “Furthermore, we have previously considered prejudice in murder cases to be part of the analysis of what is relevant victim-impact evidence under the sentencing statute, § 16-97-103(4).”
Lewis v. State, 272 S.W.3d 113 (Ark. Ct. App. 2008). · cites it 4× “See Ark.Code Ann. § 16-97-104. These statutes address the imposition of sentences for habitual offenders.”
Snyder v. State, 965 S.W.2d 121 (Ark. 1998). · cites it 2× “, Ark. Code Ann. § 16-97-104 (Supp. 1997) (“Proof of prior convictions, both felony and misdemeanor, and proof of juvenile adjudications shall follow the procedures outlined in §§ 5-4-502 — 5-4-504.”
Wilson v. State, 262 S.W.3d 628 (Ark. Ct. App. 2007). · cites it 4× “However, section 16-97-104 (Repl. 2006) mandates that “[p]roof of prior convictions, both felony and misdemeanor, and proof of juvenile adjudications shall follow the procedures outlined in §§ 5-4-502 — 5-4-504.”
Jiles v. State, 82 S.W.3d 173 (Ark. Ct. App. 2002). · cites it 2× “Appellant argues that Ark. Code Ann. § 16-97-104 (Supp. 2001) requires that the State prove misdemeanor convictions introduced in the penalty phase of a trial in the same manner that felony convictions are proved for habitual offender purposes pursuant to Ark.”
Ark. Code Ann. § 16-97-104(5): 1 case
Walls v. State, 986 S.W.2d 397 (Ark. 1999). “Furthermore, we have previously considered prejudice in murder cases to be part of the analysis of what is relevant victim-impact evidence under the sentencing statute, § 16-97-103(4).”
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