State v. McCurdy
This text of State v. McCurdy (State v. McCurdy) 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 DECEMBER SESSION, 1997 FILED March 23, 1998
Cecil Crowson, Jr. STATE OF TENNESSEE, ) Appellate C ourt Clerk ) No. 03C01-9706-CR-00232 Appellee ) ) UNION COUNTY vs. ) ) Hon. LEE ASBURY, Judge ROBERT H. McCURDY, ) ) (Aggravated Sexual Battery) Appellant )
SEPARATE CONCURRING OPINION
I concur in the results reached by the majority. For those reasons expressed
in State v. Cooper, No. 01C01-9604-CC-00150 (Tenn. Crim. App. at Nashville, Nov.
17, 1997) (Hayes, J., concurring), I write separately to note my agreement with the
trial judge that the so-called truth in sentencing provisions, as codified in Tenn. Code
Ann. § 40-35-201, are unconstitutional. Accordingly, I find no error in the trial court's
rejection of the requested instructions.
____________________________________ DAVID G. HAYES, Judge
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