STATE v. LOWE


811 S.W.2d 526 (1991)

STATE of Tennessee, Plaintiff/Appellee, v. John Cullen LOWE, Defendant/Appellant.

Supreme Court of Tennessee, at Jackson.

June 10, 1991.


Attorney(s) appearing for the Case

Charles W. Burson, Atty. Gen. & Reporter and Joel W. Perry, Asst. Atty. Gen., Nashville, for defendant/appellant.

W. Mark Ward, Memphis, for plaintiff/appellee.


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...

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