State v. Adams

OPINION

DROWOTA, Chief Justice.

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. § 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 State’s application in this case to consider whether a similar requirement of…