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Tennessee lawyers argue whether late notice of enhanced punishment requires automatic lower sentence
Summary
Joshua Ladey, an appellate public defender representing appellant Jason McCain, told the court he would focus on the “notice of intent to seek enhanced punishment,” arguing the state’s filing of that notice 10 minutes before McCain’s sentencing hearing — months after McCain pleaded guilty — was untimely under TCA 40‑35‑202 and required a range‑1 sentence regardless of the defendant’s prior convictions.
Joshua Ladey, an appellate public defender representing appellant Jason McCain, told the court he would focus on the “notice of intent to seek enhanced punishment,” arguing the state’s filing of that notice 10 minutes before McCain’s sentencing hearing — months after McCain pleaded guilty — was untimely under TCA 40‑35‑202 and required a range‑1 sentence regardless of the defendant’s prior convictions.
Ladey told the panel, “I will leave that to the brief and spend my time today talking about the notice of intent to seek enhanced punishment.” He said Tennessee precedent holds that when the state files notice after trial the appropriate remedy is to impose the…
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