STATE OF TENNESSEE v. CHRIS GREEN

The Defendant, Chris Green, was convicted by a Hawkins County Criminal Court jury of
robbery and facilitation to commit aggravated assault, for which he received an effective
sentence of twenty-five years’ incarceration as a Range III, persistent offender. The trial
court also ordered the Defendant to pay $7,500 in fines as part of his sentence. On appeal,
the Defendant argues the trial court erred by classifying him as a Range III, persistent
offender because the State failed to prove he had received five qualifying prior felony
convictions and because the trial court conducted an unconstitutional factual inquiry into
the nature of the underlying offenses. The Defendant also argues the trial court failed to
make sufficient findings to support its imposition of fines. Following our review, we
reverse the Defendant’s sentences and remand for resentencing consistent with this
opinion. Because we conclude that the State failed to meet its burden of proof regarding
the Defendant’s sentencing range, we do not address the Defendant’s constitutional claim.