State v. McCurdy

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