Legal Opinion

Clayborne v. State

Tennessee Supreme Court

Decided March 31, 1980PublishedCited by 4 opinions

1Opinion of the Court

OPINION

FONES, Justice.

Defendant was convicted of armed robbery and sentenced to ten years in the penitentiary. He was also found to be an habitual criminal and the armed robbery sentence was enhanced to life imprisonment. We granted certiorari to examine defendant’s conviction as an habitual criminal under T.CbA. § 40-2801 et seq.

We find that applying the statutory requirement that each of the three prior convictions, “[sjhall be for separate offenses, committed at different times, and on separate occasions,” the State’s tabulation of prior offenses is inadequate to sustain the conviction, as…

2Cases cited2 opinions

  1. Evans v. StateTennessee Supreme Court · 1978
  2. Frazier v. StateCourt of Criminal Appeals of Tennessee · 1972

3Cited by4 opinions

  1. State v. GivensCourt of Criminal Appeals of Tennessee · 1982
  2. State v. WoodallTennessee Supreme Court · 1987
  3. State v. CookTennessee Supreme Court · 1985
  4. State v. KilbyCourt of Criminal Appeals of Tennessee · 1988

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