Knox County prosecutors still using gang enhancement law

KNOXVILLE, Tenn. (AP) – Knox County prosecutors say they are going to continue to use a law that enhances the sentences of gang members despite a state appellate court’s striking it down as unconstitutional. And at least one Knox County judge is willing to let the district attorney’s office continue to use that law.

The Knoxville News Sentinel reports that prosecutors say they will continue to seek charges under the gang enhancement law.

Last week the Tennessee Court of Appeals ruled that the law is so overly broad that it allows gang members to serve longer sentences for crimes that had nothing to do with the gang or for the actions in which those being sentenced were not even involved.

Defendants would have to be resentenced if the appellate court ruling is upheld.