State of Tennessee v. Anthony Riggs - Concurring

Court of Criminal Appeals of Tennessee

State of Tennessee v. Anthony Riggs - Concurring

Court of Criminal Appeals of Tennessee·Decided May 7, 2008·No. M2007-02322-RM-CD·Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE On Remand from the Tennessee Supreme Court

STATE OF TENNESSEE v. ANTHONY RIGGS

Direct Appeal from the Circuit Court for Wayne County No. 13,665 Stella Hargrove, Judge

No. M2007-02322-RM-CD - Filed May 7, 2008

JAMES CURWOOD WITT , JR., J., concurring.

I concur in the majority opinion except I would have not relied upon the presentence report for a Blakely-type admission. See State v. Charles Vantilburg III, No. W2006-02475-CCA-R3-CD (Tenn. Crim. App., at Jackson, Feb. 12, 2008) (holding that statements “made outside the confines of any judicial proceeding . . . do not qualify as admissions for purposes of the Sixth Amendment”).

___________________________________ JAMES CURWOOD WITT, JR., JUDGE

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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE On Remand from the Tennessee Supreme Court

STATE OF TENNESSEE v. ANTHONY RIGGS

Direct Appeal from the Circuit Court for Wayne County No. 13,665 Stella Hargrove, Judge

No. M2007-02322-RM-CD - Filed May 7, 2008

JAMES CURWOOD WITT , JR., J., concurring.

I concur in the majority opinion except I would have not relied upon the presentence report for a Blakely-type admission. See State v. Charles Vantilburg III, No. W2006-02475-CCA-R3-CD (Tenn. Crim. App., at Jackson, Feb. 12, 2008) (holding that statements “made outside the confines of any judicial proceeding . . . do not qualify as admissions for purposes of the Sixth Amendment”).

___________________________________ JAMES CURWOOD WITT, JR., JUDGE

State of Tennessee v. Anthony Riggs - Concurring, (Tenn. Ct. App. 2008).

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