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State v. Booker5/6/1999
ho reinitiated contact with the victim after arming himself with a knife. These facts, in addition to the appellant's stated intentions before and after the stabbing, do not support a finding that the appellant acted under strong provocation.
In sum, we conclude that two enhancement factors and one mitigating factor apply. Beginning at the midpoint in the range, the reviewing court is to enhance the sentence based upon the appropriate factors and reduce the sentence within the range as appropriate under the mitigating factors. See Tenn. Code Ann. § 40-35-210(c) and (e). Accordingly, we find the appellant's sentence of twenty-two years is justified.
The judgment of the trial court is affirmed.
DAVID G. HAYES, Judge
CONCUR:
JOSEPH M. TIPTON, Judge
l. L. T. LAFFERTY, Senior OJudge
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