Enhanced penalties require an allegation or enhancement; not automatically triggered by prior convictions.

• A. They are automatically triggered by prior convictions
• B. They require judge's order
• C. They do not require any allegation
• D. True

Answer: (D)

Enhanced penalties aren’t automatic just because someone has prior convictions. To apply a higher penalty, the law requires notice and proof that the enhancement applies. Typically, the charging document must include an allegation that the defendant has a qualifying prior conviction or that an enhancement applies, and that fact must be proven (beyond a reasonable doubt or admitted) before the harsher penalty can be imposed. The judge doesn’t simply grant the higher penalty on its own; the sentence reflects the charged or proven enhancement under the statute. If there’s no such allegation or proof, the standard penalty applies. So the statement that enhanced penalties require an allegation or proof, not automatically triggered by prior convictions, is correct.