State of Tennessee v. Cornelius Boales
This text of State of Tennessee v. Cornelius Boales (State of Tennessee v. Cornelius Boales) 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 October 5, 2004
STATE OF TENNESSEE v. CORNELIUS BOALES
Appeal from the Circuit Court for Henderson County No. 03005-2 Donald H. Allen, Judge
No. W2003-02724-CCA-R3-CD
JOSEPH M. TIPTON, J., concurring.
I concur in the results reached and most of the reasoning used in the majority opinion. Although another panel of this court has concluded under Blakely v. Washington, 542 U.S. ____, 124 S. Ct. 2531 (2004), that juvenile adjudications may not be used by the trial judge, see State v. Recardo Dale, W2003-02391-CCA-R3-CD, Shelby County (Tenn. Crim. App. Jan. 10, 2005), I agree with the majority opinion’s conclusion that Blakely is not implicated. As for the trial court’s use of enhancement factor (9) in violation of Blakely, I conclude that it was harmless beyond a reasonable doubt given the evidence supporting it.
____________________________________ JOSEPH M. TIPTON, JUDGE
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