How can they charge him under one TCAcode a classB and convict him under another a classA

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How can they charge him under one TCAcode a classB and convict him under another a classA

a friend was indicted while incarcerated for sale of a controlled substance. the indictment was for TCA#39-17-417. after his trial he noticed that the enhancement was attached TCA#39-17-432. the court failed to file the order within the 10 days allowed to attach this. can they still attach it to him?

Asked on June 4, 2009 under Criminal Law, Tennessee

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Probably can still attach -- it depends on what caused the error.  The enhancement is because he was already incarcerated -- in other words, he didn't learn his lesson.

He should talk to his public defender to determine if any appeals need to be made.  Otherwise, if he can afford private criminal defense counsel, try www.attorneypages.com and check his or her record at the Tennessee State Bar.


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