55-10-618 - Alternative procedure Statement by district attorney general Sentencing Appeal. - Tennessee Statutes

55-10-618. Alternative procedure Statement by district attorney general Sentencing Appeal.

(a)  As an alternative to the procedure set out in §§ 55-10-601 55-10-617 for declaring a person to be a motor vehicle habitual offender, the district attorney general may use the procedure set out in this section; provided, that at least one (1) of the convictions required by § 55-10-603 of this part occurs on or after July 1, 1995.

(b)  If the district attorney general believes that a defendant should be sentenced as a motor vehicle habitual offender in addition to the sentence for the habitual offender triggering offense, the district attorney general shall file a statement thereof with the court and defense counsel not less than ten (10) days before trial or acceptance of a guilty plea; provided, that notice may be waived by the defendant in writing with the consent of the district attorney general and the court accepting the plea. This statement, which shall not be made known to the jury determining the guilt or innocence of the defendant on the primary offense, must set forth the nature of the prior applicable convictions, the dates of the convictions and the identity of the courts of the convictions. The original or certified copy of the court record of any prior conviction, bearing the same name as that by which the defendant is charged in the primary offense, is prima facie evidence that the defendant named therein is the same as the defendant before the court, and is prima facie evidence of the facts set out therein.

(c)  If the court finds that the defendant meets the criteria of § 55-10-603(2), the court shall declare the defendant to be a motor vehicle habitual offender and, in addition to the sentence imposed for the habitual offender triggering offense, shall sentence the defendant as provided in §§ 55-10-613 and 55-10-615.

(d)  Section 55-10-616, shall apply to a person sentenced as a motor vehicle habitual offender pursuant to this section.

(e)  A defendant who has been sentenced as a motor vehicle habitual offender pursuant to this section may appeal the finding within the same time and in the same manner as other appeals in criminal cases. If the defendant appeals any part of the habitual offender triggering offense, an appeal of a finding that the defendant is a motor vehicle habitual offender shall be made a part of and consolidated with this appeal.

[Acts 1995, ch. 137, § 1.]