How a prior conviction is defined and proven

(1) An adjudication by a court of competent jurisdiction that the defendant committed a crime constitutes a conviction for purposes of sections 706-606.5, 706-662, and 706-665, although sentence or the execution thereof was suspended, provided that the defendant was not pardoned on the ground of innocence. (2) Prior conviction may be proved by any evidence, including fingerprint records made in connection with arrest, conviction, or imprisonment, that reasonably satisfies the court that the defendant was convicted. [L 1972, c 9, pt of §1; am L 1982, c 246, §1] COMMENTARY ON §706-666 Section 706-666 is addressed to the problems of the definition and proof of former convictions. The Code takes the position that, in determining whether the defendant is a persistent offender, conviction per se is sufficient provided the time for appeal has expired and the defendant has not been pardoned on the ground of innocence. The fact that the disposition of the defendant resulted in a suspended sentence or a suspended execution of a sentence should not be held material for purposes of extended terms. Subsection (2) provides for a non-restrictive approach to admitting evidence on prior convictions. Since (1) the evidence relied upon is largely official records, (2) the issue is tried to the court, and (3) the court is not compelled to find the defendant a persistent offender, or to impose an extended term even if the minimal requirements are established, no sound purpose would be served by adopting a restrictive evidentiary approach. SUPPLEMENTAL COMMENTARY ON §706-666 Act 246, Session Laws 1982, clarified the definition of a conviction by providing that an adjudication by a court of competent jurisdiction that the defendant committed a crime constitutes a conviction.