§706-665  Former conviction in another
jurisdiction.  For purposes of sections 706-606.5, 706-620, and 706-662(1),
a conviction of the commission of a crime in another jurisdiction shall
constitute a previous conviction.  Such conviction shall be deemed to have been
of a felony if sentence of death or of imprisonment in excess of one year was
authorized under the law of such other jurisdiction.  Such a conviction shall
be graded, for purposes of section 706-620 by comparing the maximum
imprisonment authorized under the law of such other jurisdiction with the
maximum imprisonment authorized for the relevant grade of felony. [L 1972, c 9,
pt of §1; am L 1986, c 314, §43]



 



COMMENTARY ON §706-665



 



  Since the minimal requirements for an extended term of
imprisonment for a persistent offender deal in part with former convictions, it
becomes necessary to treat the problem raised by former convictions in another
jurisdiction.  The Code recognizes such convictions for purposes of §706-662. 
In order to achieve a uniform standard for grading foreign convictions, the
Code measures the authorized sentence in the jurisdiction where the conviction
occurred according to the grading system of this Code.



  A problem is presented by the fact that some states authorize
imprisonment for terms of more than one year for crimes denominated as
misdemeanors or petty misdemeanors by the Code.  There is no easy answer to
this dilemma.  For the purposes of determining the persistency of an offender,
the power and integrity of the penal codes of other states must be recognized. 
The court, however, is not compelled to order an extended term of imprisonment
even if the minimal conditions are established.  Where a defendant's status as
a persistent offender is based on foreign convictions which are greater than
those authorized by the Code, the court is free not to make such a finding if,
in the opinion of the court, it would result in undue hardship.



 



Case Notes



 



  Prior convictions in which defendant was denied counsel
should not be used against the defendant.  56 H. 628, 548 P.2d 632.