(a) If at the time of sentence, it appears to the court that the conviction of a defendant constitutes a second or other conviction making the defendant liable to a punishment greater than the maximum which may be imposed upon a person not so previously convicted, the court shall fully inform the defendant as to such previous conviction or convictions and shall call upon the defendant to admit or deny such previous conviction or convictions. If the defendant shall admit the previous conviction or convictions, the court may impose the greater punishment. If the defendant shall stand silent or if the defendant shall deny the prior conviction or convictions, the defendant shall be tried upon the issue of previous conviction; provided, however, that the foregoing procedure shall not apply in cases of fourth offenders liable to sentence of life imprisonment under § 4214 of this title.
(b) If, at any time after conviction and before sentence, it shall appear to the Attorney General or to the Superior Court that, by reason of such conviction and prior convictions, a defendant should be subjected to § 4214 of this title, the Attorney General shall file a motion to have the defendant declared an habitual criminal under § 4214 of this title. If it shall appear to the satisfaction of the Court at a hearing on the motion that the defendant falls within § 4214 of this title, the Court shall enter an order declaring the defendant an habitual criminal and shall impose sentence accordingly.
Structure Delaware Code
Title 11 - Crimes and Criminal Procedure
Chapter 42. CLASSIFICATION OF OFFENSES; SENTENCES
§ 4201. Transition provisions.
§ 4202. Classification of misdemeanors.
§ 4204. Authorized disposition of convicted offenders.
§ 4204A. Youth convicted in Superior Court.
§ 4205. Sentence for felonies.
§ 4205A. Additional penalty for serious sex offenders or pedophile offenders.
§ 4206. Sentence for misdemeanors.
§ 4207. Sentences for violations.
§ 4208. Fines for organizations.
§ 4209A. Punishment for first-degree murder committed by juvenile offenders.
§ 4210. Arrest and disposition of intoxicated persons.
§ 4212. Definitions relating to §§ 4210 and 4211.
§ 4213. Arrest of persons under the influence of drugs; drug detoxification centers.
§ 4214. Habitual criminal; life sentence
§ 4215. Sentence of greater punishment because of previous conviction.
§ 4216. Transition provisions.
§ 4217. Jurisdiction over sentence retained.
§ 4218. Probation before judgment.
§ 4219. Continuous Remote Alcohol Monitoring Program.
§ 4220. Modification, suspension or reduction of sentence for substantial assistance.