In State v. King, ____ S.W.2D ____ (Tenn. 1998), Our Supreme Court

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT NASHVILLE FILED APRIL 1998 SESSION August 27, 1998

Cecil W. Crowson STATE OF TENNESSEE, * C.C.A. # 01C01-9707-CR-00237 Clerk Appellate Court

Appellee, * DAVIDSON COUNTY

VS. * Hon. Thomas H. Shriver, Judge

MARCUS L. NELSON, * (Aggravated Robbery)

Appellant. *

CONCURRING OPINION

In State v. King, ____ S.W.2d ____ (Tenn. 1998), our supreme court

ruled that the charge on parole eligibility and early release was acceptable because

the jury was provided the instruction on an "information only" basis. In my view,

juries should not be allowed to weigh and consider parole eligibility in the context of

innocence or guilt. Any error in giving the instruction in this instance, however, was

harmless beyond doubt. The proof is overwhelming that the defendant committed

the crimes for which he was convicted. So long as the jury understands that the

statute at issue plays no part in the determination of guilt or innocence to any of the

crimes defined in the instructions, convictions should be upheld on appeal.

Otherwise, the ruling of this court in State v. Jason M. Weiskopf, No. 02C01-9611-

CR-00381 (Tenn. Crim. App., at Jackson, Feb. 4, 1998), app. filed, (May 6, 1998),

should control.

__________________________________ Gary R. Wade, Judge