State of Tennessee v. Charles Chesteen - Concur
This text of State of Tennessee v. Charles Chesteen - Concur (State of Tennessee v. Charles Chesteen - Concur) 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 KNOXVILLE
STATE OF TENNESSEE v. CHARLES CHESTEEN
Direct Appeal from the Criminal Court for Cocke County No. 7221, 7222 Kindall T. Lawson, Judge
No. E1999-00910-CCA-R3-CD - Decided June 8, 2000
JUDGE TIPTON concurring.
I concur in the results reached and most of the reasoning used in the majority opinion. However, I respectfully disagree with its conclusion that the minor victims were particularly vulnerable because of their age as contemplated by Tenn. Code Ann. § 40-35-114(4). In my opinion, the fact that the defendant, as clerk and master, had control over the minors’ funds because they were minors rendered them no more vulnerable than any other litigant or party whose funds had been paid into court or otherwise put within the control of the clerk and master. I would not apply enhancement factor (4) to the offense of embezzlement in an official capacity.
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