Tennessee Code Annotated
Tenn. Code Ann. § 40-35-202 (2026)
Notice of intent to seek enhanced punishment - Statement of enhancement and mitigating factors
✓ current as of May 2026
- (a) If the district attorney general believes that a defendant should be sentenced as a multiple, persistent or career offender, 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. The 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 felony 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 felony 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 in the record is the same as the defendant before the court, and is prima facie evidence of the facts set out in the record.
- (b) In all cases following a finding of guilt, the court may require that:
- (1) The district attorney general file a statement with the court setting forth any enhancement or mitigating factors the district attorney general believes should be considered by the court; and
- (2) The defendant file a statement with the court setting forth all mitigating factors known to the defendant and indicating any mitigating factors the defendant believes should be considered by the court.
Acts 1989, ch. 591, § 6.
Notes of Decisions
Cited in 220
cases (19 in the last 5 years), 1983–2025 · leading case: State v. Taylor, 63 S.W.3d 400 (Tenn. Crim. App. 2001).
State v. Taylor, 63 S.W.3d 400 (Tenn. Crim. App. 2001). “The subject of Defendant’s complaint is the alleged noncompliance by the State with pai't (a) of Tenn.Code Ann. § 40-35-202 which states, in relevant part, the following: “If the district attorney general believes that a defendant should be sentenced as a multiple, persistent or…”
State v. Livingston, 197 S.W.3d 710 (Tenn. 2006). “The State filed a Notice of Enhanced Punishment pursuant to Tennessee Code Annotated section 40-35-202, listing fourteen prior convictions by case number, offense, date of offense, and jurisdiction.”
State v. Stephenson, 752 S.W.2d 80 (Tenn. 1988). “On appeal to the Court of Criminal Appeals, he contended for the first time that the State had failed to comply with requirements of T.C.A. § 40-35-202(a) and the related provisions of Rule 12.”
State v. Benham, 113 S.W.3d 702 (Tenn. 2003). “2d 385 , Tennessee Rules of Evidence, 609 and 405, and T.C.A. § 40-35-202. In addition, the State attached a computer printout of Benham’s criminal record.”
State of Tennessee v. Jimmy Williams, 558 S.W.3d 633 (Tenn. 2018). “See Tenn. Code Ann. § 40-35-202 (a) (2014). The State maintains that the defendant received fair notice of its intent to seek enhanced punishment because it had filed a timely and sufficient notice of enhanced punishment in a previous case, the defendant was aware of his…”
State of Tennessee v. Robert Fusco, 404 S.W.3d 504 (Tenn. Crim. App. 2012). “In this case, the State filed a notice of intent to seek enhanced punishment pursuant to section 40-35-202 on September 16, 2009, five days before the Defendant’s trial began on September 21, 2009.”
State of Tennessee v. James Hawkins, 519 S.W.3d 1 (Tenn. 2017). “The supreme court specifically held that ―when the State has substantially complied with Section 40-35-202(a), an accused has a duty to inquire about an ambiguous or incomplete notice and must show prejudice to obtain relief.”
State v. Gilmore, 823 S.W.2d 566 (Tenn. Crim. App. 1991). “§ 40-35-202(a) provides in part: If the district attorney general believes that a defendant should be sentenced as a multiple, persistent or career offender, he shall file a statement thereof with the court and defense counsel not less than ten (10) days before trial or…”
State v. Cooper, 321 S.W.3d 501 (Tenn. 2010). “We therefore remand this case for re-sentencing in accordance with the notice filed on May 12, 2003, to seek enhanced punishment as a multiple, persistent, or career offender pursuant to Tennessee Code Annotated section 40-35-202. Carter, 121 S.W.3d at 585 (“[Fjailure to file…”
State v. Morgan, 929 S.W.2d 380 (Tenn. Crim. App. 1996). “Tenn.Code Ann. § 40-35-202(a) (1990) provides, in pertinent part, “If the district attorney general believes that a defendant should be sentenced as a multiple, persistent or career offender, he shall file a statement thereof with the court and defense counsel not less than ten…”
State of Tennessee v. Kevin Patterson AKA John O'Keefe Varner AKA John O'Keefe Kitchen, 538 S.W.3d 431 (Tenn. 2017). “See Tenn. Code Ann. § 40-35-202 (a) (2014) (addressing the notice required when the State intends to sentence a defendant as a multiple, persistent, or career offender); Tenn.”
State v. Nichols, 877 S.W.2d 722 (Tenn. 1994). “[10] Debro and Adams are decisions under Tenn. Code Ann. § 40-35-202 (a) and Tenn.”
— Tenn. Code Ann. § 40-35-202(A) — 1 case
Arturo Jaimes-Garcia v. State of Tennessee (Tenn. Crim. App. 2016).
— Tenn. Code Ann. § 40-35-202(a) — 136 cases
State v. Stephenson, 752 S.W.2d 80 (Tenn. 1988). “On appeal to the Court of Criminal Appeals, he contended for the first time that the State had failed to comply with requirements of T.C.A. § 40-35-202(a) and the related provisions of Rule 12.”
State v. Livingston, 197 S.W.3d 710 (Tenn. 2006). “The State filed a Notice of Enhanced Punishment pursuant to Tennessee Code Annotated section 40-35-202, listing fourteen prior convictions by case number, offense, date of offense, and jurisdiction.”
State v. Taylor, 63 S.W.3d 400 (Tenn. Crim. App. 2001). “The subject of Defendant’s complaint is the alleged noncompliance by the State with pai't (a) of Tenn.Code Ann. § 40-35-202 which states, in relevant part, the following: “If the district attorney general believes that a defendant should be sentenced as a multiple, persistent or…”
State v. Benham, 113 S.W.3d 702 (Tenn. 2003). “2d 385 , Tennessee Rules of Evidence, 609 and 405, and T.C.A. § 40-35-202. In addition, the State attached a computer printout of Benham’s criminal record.”
State of Tennessee v. James Hawkins, 519 S.W.3d 1 (Tenn. 2017). “The supreme court specifically held that ―when the State has substantially complied with Section 40-35-202(a), an accused has a duty to inquire about an ambiguous or incomplete notice and must show prejudice to obtain relief.”
— Tenn. Code Ann. § 40-35-202(a)(2) — 1 case
State v. Summers, 159 S.W.3d 586 (Tenn. Crim. App. 2004).
— Tenn. Code Ann. § 40-35-202(b) — 7 cases
State v. Adams, 864 S.W.2d 31 (Tenn. 1993).
State v. Pearson, 858 S.W.2d 879 (Tenn. 1993).
State of Tennessee v. Robert Kevin Moore (Tenn. Crim. App. 1997).
State of Tennessee v. Gerry Lynn Hensley (Tenn. Crim. App. 2008).
State of Tennessee v. Jason R. Garner (Tenn. Crim. App. 2003).
— Tenn. Code Ann. § 40-35-202(b)(1) — 2 cases
State of Tennessee v. Darnell Keith Roberts (Tenn. Crim. App. 2017).
State of Tennessee v. Delmonta Hill (Tenn. Crim. App. 2013).
— Tenn. Code Ann. § 40-35-202(b)(l) — 1 case
State v. Birge, 792 S.W.2d 723 (Tenn. Crim. App. 1990).
— Tenn. Code Ann. § 40-35-202(c) — 1 case
State of Tennessee v. Baldomero Galindo (Tenn. Crim. App. 2010).
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