State of Tennessee v. Charlene Hardison - Concurring/Dissenting

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT NASHVILLE
APRIL 1998 SESSION FILED
August 7, 1998
STATE OF TE NNE SSE E, ) Cecil W. Crowson
C.C.A. NO. 01C01-9705-CC-00196
) Appellate Court Clerk
Appellee, )
) WILLIAMSON COUNTY
V. )
)
) HON . HEN RY D ENM ARK B ELL,
CHARLENE HARDISON, ) JUDGE
)
Appe llant. ) (SENT ENCIN G)
SEPARATE OPINION CONCURRING
IN PART AND DISSENTING IN PART
I conc ur with a ll portions o f Judge Lafferty’s op inion with the exception
of the portion that reduces the period of confinem ent from six (6) mo nths to ninety
(90) days. I might agree with that ultimate result after a specific finding of facts by
the trial court following the dictate s of the Ten nessee C riminal Senten cing Reform
Act of 1989. However, it is my opinion that the more appro priate d ispos ition of th is
particular case is to remand it back to the trial court for a new sentencing hearing
which follows the specific req uireme nts of the A ct. See State v. Ervin, 939 S.W.2d
581, 584-85 (Tenn. Crim. App. 1996) and cases cited therein.
____________________________________
THOMAS T. W OODALL, Judge