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State Tennessee v. Joe C. Adams

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eBook details

  • Title: State Tennessee v. Joe C. Adams
  • Author : Court of Criminal Appeals of Texas
  • Release Date : January 16, 1990
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 58 KB

Description

This appeal concerns the statutory requirement that an accused be informed before trial or acceptance of a guilty plea if the State intends to seek an enhanced sentence. T.C.A. ร‚§ 40-35-202(a)(1982). We have previously held that non-compliance with the rule of procedure requiring notice to be filed at least ten days before trial will not bar enhanced sentencing in the absence of prejudice. State v. Stephenson, 752 S.W.2d 80 (Tenn. 1988)(construing Tenn. R. Crim. P. 12(3)). We granted the States application in this case to consider whether a similar requirement of prejudice applies when the defect is in the content rather than the timing of the notice. We hold that it does.


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