State of Tennessee v. Michael Woods - Concurring

Court of Criminal Appeals of Tennessee

State of Tennessee v. Michael Woods - Concurring

Court of Criminal Appeals of Tennessee·Decided February 17, 2005·No. W2003-02762-CCA-R3-CD·Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs October 5, 2004

STATE OF TENNESSEE v. MICHAEL WOODS

Appeal from the Criminal Court for Shelby County No. 99-09509 W. Fred Axley, Judge

No. W2003-02762-CCA-R3-CD - Filed February 17, 2005

JOSEPH M. TIPTON , J., concurring.

I concur in the results reached and most of the reasoning used in the majority opinion. I disagree, though, with the conclusion that Blakely v. Washington, 542 U.S. ____, 124 S. Ct. 2531 (2004), does not affect the sentencing. However, I believe the defendant’s history of criminal of convictions justifies the sentence he received.

____________________________________ JOSEPH M. TIPTON, JUDGE

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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs October 5, 2004

STATE OF TENNESSEE v. MICHAEL WOODS

Appeal from the Criminal Court for Shelby County No. 99-09509 W. Fred Axley, Judge

No. W2003-02762-CCA-R3-CD - Filed February 17, 2005

JOSEPH M. TIPTON , J., concurring.

I concur in the results reached and most of the reasoning used in the majority opinion. I disagree, though, with the conclusion that Blakely v. Washington, 542 U.S. ____, 124 S. Ct. 2531 (2004), does not affect the sentencing. However, I believe the defendant’s history of criminal of convictions justifies the sentence he received.

____________________________________ JOSEPH M. TIPTON, JUDGE

State of Tennessee v. Michael Woods - Concurring, (Tenn. Ct. App. 2005).

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