Under Rule 26.4(b), the court determines the defendant’s status as a

Mississippi Rules of Criminal Procedure (effective July 1, 2023)

Rule: 26.5

Jurisdiction: MS

Bluebook Citation: Miss. R. Crim. P. 26.5

habitual or enhanced offender. Rule 26.4(b) does not contemplate those facts and elements necessary to enhance a sentence that are required to be found by a jury, which is addressed in Rule 19.1(b). See also Apprendi v. United States, 530 U.S. 466, 120 S. Ct. 2348, 147 L. Ed. 2d 435 (2000).

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