State v. Flanigan

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT KNOXVILLE FILED MAY 1998 SESSION June 26, 1998

Cecil Crowson, Jr. Appellate C ourt Clerk STATE OF TENNESSEE, ) ) Appellee, ) No. 03C01-9708-CR-00330 ) ) Sullivan County v. ) ) Honorable Phyllis H. Miller, Judge ) LULA J. FLANIGAN, ) (Aggravated Kidnapping and ) Aggravated Assault) Appellant. )

CONCURRING OPINION

I concur in the majority opinion. I add, though, that I do not believe we

have to conduct the two-prong inquiry provided in State v. Anthony, 817 S.W.2d 299

(Tenn. 1991) and State v. Dixon, 957 S.W.2d 532 (Tenn. 1997). This is because an

aggravated assault does not necessarily include the elements of kidnapping. Thus, I

believe that an Anthony issue is not even implicated.

____________________________ Joseph M. Tipton, Judge