§ 2806 — Hearing; procedure

The matter shall be heard by the Court without a jury. If such person denies that that person was convicted of any offense shown in the abstract necessary for a holding that that person is an habitual offender, and if the Court cannot, on the evidence available to it, determine the issue, the Court may require of the Department certified copies of such records respecting the matter as it may have in its possession. If, upon an examination of such records, the Court is still unable to make such determination it shall certify the decision of such issue to the Court in which such conviction was reportedly made. The Court to which such certification is made shall forthwith conduct a hearing to determine the issue and send a certified copy of its final order determining the issue to the Court of Common Pleas. The Court, at its discretion, may rely upon certified copies of convictions adjudged by courts outside of this State or federal courts or may request such a court to make a determination.

Legislative History

21 Del. C. 1953, § 2806; 58 Del. Laws, c. 416 ; 69 Del. Laws, c. 333, § 7 ; 70 Del. Laws, c. 186, § 1