State v. Lowe

OPINION

ANDERSON, Justice.

This appeal raises the question whether an accused has an absolute statutory right to a trial continuance if the state files an untimely notice of its intent to seek an enhanced sentence. We hold that an accused has such a right, and consequently, we vacate the defendant’s sentence and remand for a new sentencing hearing.

On September 23, 1988, the Shelby County Grand Jury returned an indictment charging the defendant Lowe with the offense of robbery with a deadly weapon. A trial date was set for August 8, 1989. On August 2, 1989, six days prior to trial, the state…