[Download] "State Tennessee v. Van David Pride" by at Jackson Court of Criminal Appeals of Tennessee " eBook PDF Kindle ePub Free

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eBook details

• Title: State Tennessee v. Van David Pride
• Author : at Jackson Court of Criminal Appeals of Tennessee
• Release Date : January 23, 1983
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

DAUGHTREY, Judge. OPINION ON PETITION TO REHEAR Defense counsel has filed a petition to rehear, specifying two principal issues which he contends this court either overlooked or decided incorrectly in its original opinion. The first question involves the admissibility of defendant Pride's confession, an issue which was adequately discussed and resolved in the original opinion and needs no reiteration here. Rule 39(a), Tennessee Rules of Appellate Procedure. The other issue, however, concerns the correctness of the sentence imposed by the trial court and raises a question which was pretermitted in our first opinion, to the defendant's detriment. We therefore grant the petition to rehear, limited to a reconsideration of the sentence. Under Tennessee's new sentencing act, the steps to be taken in determining the appropriate sentence are set out in T.C.A. § 40-35-210. The trial Judge must first decide the appropriate range of sentence, that is, whether the defendant is subject to a Range I (lower range) 1 or a Range II (upper range) 2 sentence. This determination depends on whether the defendant is found to be an especially mitigated offender, 3 a standard offender, 4 a persistent offender, 5 or an aggravated offender. 6 The first two categories fall within Range I; the second two within Range II.

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