Case Number
W2004-00510-CCA-R3-CD
The defendant appeals his conviction for second degree murder on the grounds of insufficient evidence to support the verdict and the sentence, pursuant to Blakely issues. After review, we find sufficient evidence to support the verdict. We conclude that the two enhancement factors used to elevate the sentence are violative of Blakely and, therefore, modify the sentence to twenty years. The cause is remanded for modification of sentence.
Originating Judge
Judge John P. Colton, Jr.
Case Name
State of Tennessee v. James Austin
Date Filed
Dissent or Concur
This is a dissenting opinion
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