IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT KNOXVILLE FILED
JUNE 1997 SESSION
May 27, 1998
Cecil Crowson, Jr.
Appellate C ourt Clerk
STATE OF TENNESSEE, )
) C.C.A. NO. 03C01-9610-CR-00369
Appellee, )
) BRADLEY COUNTY
VS. )
) HON. MAYO L. MASHBURN,
DONALD RAY SHIRLEY, ) JUDGE
)
Appellant. ) (Aggravated Robbery)
CONCURRING IN PART AND DISSENTING IN PART
I respectfully dissent from the majority’s modification of the defendant’s
sentence for the robbery at the Take Two Video store. Because I believe the enhancing
factors support the maximum prison term for this robbery, I would affirm its sentence in
this regard. I concur in all other aspects of the majority’s opinion.
_______________________________
JOHN H. PEAY, Judge