context: Here, the defendant was charged with scheduled violations, yet the State sought to have him sentenced to jail on the basis it had proved he committed nonscheduled simple misdemeanors. Because the defendant had no notice he was being charged with the greater offenses, he clearly did not have constitutionally sufficient notice of the charges against him.
citation_a.signal: cf.
citation_a.identifier: 79 S.W.3d 458, 467
citation_a.parenthetical: finding no due process violation when defendant given pretrial notice of prosecution's intent to seek enhanced sentence and of factual basis for enhancement
citation_a.sentence: See In re Matter of Ruffalo, 390 U.S. 544, 551, 88 S.Ct. 1222, 1226, 20 L.Ed.2d 117, 122 (1968) (holding procedural due process requires that “[t]he charge must be known before the proceedings commence”); State v. Hibler, 5 S.W.3d 147, 150 (Mo.1999) (“Due process requires that a defendant may not be convicted of an offense not charged in the information or indictment.”); cf. State v. Dellinger, 79 S.W.3d 458, 467 (Tenn.2002) (finding no due process violation when defendant given pretrial notice of prosecution’s intent to seek enhanced sentence and of factual basis for enhancement).
citation_b.signal: see
citation_b.identifier: 5 S.W.3d 147, 150
citation_b.parenthetical: "Due process requires that a defendant may not be convicted of an offense not charged in the information or indictment."
citation_b.sentence: See In re Matter of Ruffalo, 390 U.S. 544, 551, 88 S.Ct. 1222, 1226, 20 L.Ed.2d 117, 122 (1968) (holding procedural due process requires that “[t]he charge must be known before the proceedings commence”); State v. Hibler, 5 S.W.3d 147, 150 (Mo.1999) (“Due process requires that a defendant may not be convicted of an offense not charged in the information or indictment.”); cf. State v. Dellinger, 79 S.W.3d 458, 467 (Tenn.2002) (finding no due process violation when defendant given pretrial notice of prosecution’s intent to seek enhanced sentence and of factual basis for enhancement).