State of Tennessee v. Harry G. Sturgill ( 2005 )

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT NASHVILLE
STATE OF TENNESSEE v. HARRY G. STURGILL
Criminal Court for Davidson County
No. 2001-B-1260
No. M2003-01817-CCA-R3-CD - Filed July 19, 2005
OPINION ON REHEAR
This court granted Defendant’s petition to rehear to consider the impact of the United
States Supreme Court's decision in Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531 (2004)
on Defendant’s sentence. Since that time, the Tennessee Supreme Court has considered the
impact of Blakely on Tennessee’s sentencing scheme and concluded that the Criminal Sentencing
Reform Act of 1989and its procedures do not violate a defendant’s Sixth Amendment right to a
trial by a jury as described in Blakely. See State v. Edwin Gomez, ____ S.W.3d _____, No.
M2002-01209-SC-R11-CD, 2005 WL 856848, at *22 (Tenn. Apr. 15. 2005). In light of the
Supreme Court’s recent decision in Gomez, this court determines that Defendant’s argument that
his sentence is improper under Blakely has no merit. This court’s previous opinion is affirmed in
all respects. Costs are assessed against the State.
PER CURIAM
JERRY L. SMITH, JUDGE
JOE G. RILEY, SPECIAL JUDGE
ALAN E. GLENN, JUDGE