State of Tennessee v. Randy Joe McNew - Concurring
This text of State of Tennessee v. Randy Joe McNew - Concurring (State of Tennessee v. Randy Joe McNew - 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 KNOXVILLE Assigned on Briefs July 28, 2009
STATE OF TENNESSEE v. RANDY JOE MCNEW
Appeal from the Criminal Court for Sullivan County No. S51,902 R. Jerry Beck, Judge
No. E2008-02189-CCA-R3-CD - Filed October 13, 2009
JOSEPH M. TIPTON , P.J., concurring.
I concur with the majority opinion. I believe, though, that the statement that the weight assigned to advisory enhancement and mitigating factors no longer has an appellate review provision should not preclude such an assessment relative to whether the sentence meets the principles and purposes of the Sentencing Act. That is, for example, using a five-year old conviction for speeding to enhance an aggravated burglary conviction to a maximum sentence may not meet the principles and purposes of the Sentencing Act because of inordinate weight given to the speeding conviction.
____________________________________ JOSEPH M. TIPTON, PRESIDING JUDGE
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