 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Slate2/19/1999
of a firearm while incarcerated, he has no five-year consecutive sentence. The use of a firearm enhancement factor, pursuant to Tenn. Code Ann. § 39-6-1710 (repealed 1989), does not apply to a sentence calculated under the 1989 Act. State v. James Michael Booth, C.C.A. No. 01C01-9010-CR-00266, slip op. at 2 (Tenn. Crim. App., at Nashville, Aug. 2, 1991), app. denied, (Tenn., Jan 27, 1992); State v. Gilmore, 823 S.W.2d 566, 567 n.2 (Tenn. Crim. App. 1991). The judgment form should reflect a Range I, twenty-four year sentence for second degree murder with a consecutive three-year sentence for attempted jail escape and a concurrent five-year sentence for possession of a firearm while incarcerated.
Gary R. Wade, Presiding Judge
CONCUR: David H. Welles, Judge Thomas T. Woodall, Judge
|