Must a defendant be first indicted under the recidivism statute in order to be sentenced under the recidivism statute? Or may the district attorney request the defendant be sentenced under the recidivism statute after indictment and before trial? (The actual timing the defense received the notice of recidivism was only 3 business days prior to the beginning of the trial, which I have been told also may be a fault since the defense was not notified timely - i.e. 10 business days before the trial.)