State v. Stephenson

OPINION

HARBISON, Chief Justice.

Appellee and two co-defendants were convicted of robbery. Appellee was sentenced to fifteen years imprisonment as a Range II offender. On appeal to the Court of Criminal Appeals, he contended for the first time that the State had failed to comply with requirements of T.C.A. § 40-35-202(a) and the related provisions of Rule 12.3, Tennessee Rules of Criminal Procedure. This statute and the procedural rule require that when the District Attorney seeks enhanced punishment, written notice must be filed with the trial court not less than 10 days prior to trial.

The…