State of Tennessee v. Melvin Shorty

The Defendant-Appellee, Melvin Shorty was convicted by a Shelby County jury of reckless homicide, a Class D felony. Several months prior to trial the State filed a notice to seek enhanced punishment listing two of Shorty’s prior Tennessee felony convictions. The day before sentencing, the State amended their notice to seek enhanced punishment by adding two prior Wisconsin felony convictions. The trial court determined that the amended notice failed to substantially comply with the requirements of Tennessee Code Annotated section 40-35-202, and sentenced Shorty as a Range I, standard offender to four years in a workhouse. In this appeal, the State contends that the trial court erred in sentencing Shorty as a Range I, standard offender, rather than a Range II, multiple offender because the original notice was sufficient to alert Shorty that they intended to seek enhanced punishment, and that Shorty has failed to show that he was prejudiced by the amended notice. Upon review, we affirm the judgment of the trial court.