Former conviction in another jurisdiction

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 (1976).