State v. Flanigan ( 1998 )

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