State of Tennessee v. Christopher Kirkendall - Concurring

I agree that the evidence is sufficient to support the conviction and that, under the terms of the 1989 Sentencing Act, the trial court erred by applying enhancement factors (10), (11), and (17).  It is my view, however, that the ruling in Blakely v. Washington, 542 U.S. ___, 124 S. Ct. 2531 2004), precludes the application of enhancement factor (21) in this case.