Eligibility In State v. Cooper, No. 01C01-9604-Cc-00150 (Tenn. Crim. App. At

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT NASHVILLE FILED DECEMBER 1997 SESSION June 17, 1998

Cecil W. Crowson Appellate Court Clerk STATE OF TENNESSEE, ) ) NO. 01C01-9701-CR-00031 Appellee, ) ) DAVIDSON COUNTY VS. ) ) HON. ANN LACY JOHNS, JUDGE ROBERT ANTHONY PAYNE, ) a.k.a. ANTHONY JORDAN, ) (Vehicular Homicide, Reckless ) Endangerment, Reckless Appellant. ) Aggravated Assault, Intentional or ) Knowing Aggravated Assault)

CONCURRING OPINION

I acknowledge that I upheld the constitutionality of the statute on parole

eligibility in State v. Cooper, No. 01C01-9604-CC-00150 (Tenn. Crim. App. at

Nashville, November 17, 1997). However, I did not address the issue of whether

telling the jury that they could consider sentencing in reaching their verdict was

appropriate. Therefore, I concur with Judge Riley's analysis in this case.

__________________________ PAUL G. SUMMERS, Judge