Roy C. Smith, Jr. v. State of Tennessee - Concurring
This text of Roy C. Smith, Jr. v. State of Tennessee - Concurring (Roy C. Smith, Jr. v. State of Tennessee - Concurring) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs January 23, 2002
ROY C. SMITH, JR. v. STATE OF TENNESSEE
Direct Appeal from the Circuit Court for Lauderdale County NO . 5472
NO . W2001-01457-CCA-R3-CD - FILED SEPTEMBER 10, 2002
James Curwood Witt, Jr., J., concurring in results only.
I concur in the results reached by the majority. Although I agree that the petitioner’s sentence may be vulnerable to a proper habeas corpus attack, I see no basis for commenting that the petitioner was convicted pursuant to a statute that was not in effect at the time the offenses were committed.
Although the petitioner was indicted and apparently convicted pursuant to Tennessee Code Annotated section 39-13-522, proscribing rape of a child, that statutory provision was merely a recodification of the rape-of-a-child prong of aggravated rape previously contained in section 39- 13-502(a)(4). The elements of the offense are the same. Thus, in the form of section 39-13- 504(a)(4), rape of a child was a proscribed offense at the time the offenses under review were committed.
___________________________________ James Curwood Witt, Jr., Judge
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