New, June 13, 2008
When the state seeks an enhanced penalty due to a prior conviction, the offense must be charged in a two-part information. Practice Book § 36-14. A two-part information does not charge one crime in the first part and a second crime in the second part. The first part relates only to the commission of the crime charged, wholly unrelated to penalty. It is only after the second part has been determined that the penalty attaches to the crime proven under the first part. State v. LaSelva, 163 Conn. 229, 233-34 (1972); State v. Torma, 21 Conn. App. 496, 505 (1972) (enhanced penalty cannot be imposed unless charged in a two-part information).
The existence of a Part B
information should not be revealed to the fact-finder so as to not influence the
disposition of the claim contained in Part A. State v. Fitzgerald, 257
Conn. 106, 117 (2001). See Practice Book §§ 36-14, 37-10, 37-11 and 39-23 for
the rules of court relating to two-part informations. See also State v.
Ferrone, 96 Conn. 160, 175 (1921) (discussing the origin of the procedure).