I have a guy that was sentenced to 4 years in a "workhouse" in Tennessee on 8 felonies. It is clear from the J&S's that they are all felonies. On the judgement, there is a series of boxes to check and give punishment. The first is TDOC (prison), it was not checked. The second box is Workhouse which was checked for 4 years. All of these priors are to the workhouse. I got a Tennessee pen packet, which indicates that the Tennesse Dept of Corrections had the judgement and sentences, but they put a letter on the front saying "defendant was never in a TDOC institution for these charges. These convictions are considered to be jail cases." But they have the J&S in their records.

A few years later the defendant was sentenced on 9 more felonies to time in TDOC (prison) after his release from his workhouse.

The defendant has a third degree felony pending, and if the first trip to the work-house is usable as an enhancement... he is facing 25 to life when enhanced.

I have tried to sort this out. I would appreciate any ideas.

Is his trip to the workhouse usable as an enhancment?

Whether the Tennesse "workhouse" conviction amounts to a "final" conviction is determined by looking at Tennesse law. What does that state say about it?

Best bet is to get on Lexis or Westlaw or contact the attorney general or a DA in Tennessee. Start with Skillern v. State, 890 S.W.2d 849 (Tex. App. Austin 1994, pet. refused).

Look at TRE 202 as well. It governs judicial notice and determination of the laws of other states. It implies a self-executing requirement of notice to opposing counsel and contemplates a pre-trial filing with sufficient information for the court to judicially notice the statute. Ewing, 739 SW2d 470

It would be a felony and make him eligible for 25 years minimum if prison time was a possible punishment pursuant to PC Sec. 12.41(1.

It depends on whether Tenn. considers it a sentence, and a conviction for enhancement purposes. See Dominque v. State 787 S.W.2d 107, which held that Louisiana felony probations could be used to enhance a Texas felony conviction, because La. considers probations convictions for enhancement purposes.

Because most states do not make the distinction between "convictions" and "final convictions" for enhancement purposes, like Texas does (I've only found one state--Maryland, that does not consider probations convictions for enhancement purposes)you're not likely to find any language about a "final" conviction.

I would call the appellate section of a DA's Ofc. in Tenn., and ask them if Tenn. considers what you have convictions for enhancement purposes. If they say it is available in Tenn. for enhancement, ask if he can fax or mail you the statute or case that establishes that. I've always found out of state prosecutors more than happy to answer my questions, and to send me the relevant statutes. Then follow Rule 202 for giving notice to the court concerning the law in Tenn.

If you go to all this extra trouble, chances are very good that you'll be able to enhance this guy to habitual criminal status.

Good luck.