46-18-501. Definition of persistent felony offender. A "persistent felony offender" is an offender who has previously been convicted of a felony and who is presently being sentenced for a second felony committed on a different occasion than the first. An offender is considered to have been previously convicted of a felony if:
     (1) the previous felony conviction was for an offense committed in this state or any other jurisdiction for which a sentence to a term of imprisonment in excess of 1 year could have been imposed;
     (2) less than 5 years have elapsed between the commission of the present offense and either:
     (a) the previous felony conviction; or
     (b) the offender's release on parole or otherwise from prison or other commitment imposed as a result of the previous felony conviction; and
     (3) the offender has not been pardoned on the ground of innocence and the conviction has not been set aside in a postconviction hearing.

     History: En. 95-1507 by Sec. 5, Ch. 513, L. 1973; amd. Sec. 21, Ch. 184, L. 1977; amd. Sec. 11, Ch. 584, L. 1977; R.C.M. 1947, 95-1507(1).