Frank J. Beasley v. State of Tennessee (Concurring)
Annotate this CaseCourt Description: Authoring Judge: Judge James Curwood Witt, Jr.
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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on October 8, 2013 FRANK J. BEASLEY V. STATE OF TENNESSEE Appeal from the Circuit Court for Montgomery County No. 41000394 John H. Gasaway, III, Judge No. E2008-00489-CCA-R3-PC Filed October 29, 2013 J AMES C URWOOD W ITT, J R., J., concurring. I concur in the majority opinion because the majority accurately reflects State v. Bise, 380 S.W.3d 682 (Tenn. 2012), in yielding to trial court discretion to affirm the imposition of a maximum sentence. I only write separately to voice a concern that, after holding that 75 percent of enhancement factors relied upon by the trial court were erroneously applied as matters of law, affirming the sentence per Bise portrays an image of a winking, nodding, judicial Chimera. Bise says that the misapplication of an enhancement factor does not cancel the presumption of reasonableness of the sentence, id. at 709, but surely at some point the number of legal errors in misapplying enhancement factors may reach a critical mass whereupon even an in-range sentence is no longer compliant with the purposes and principles listed by statute. Id. at 709-10. I hope our supreme court will be attentive to this issue. JAMES CURWOOD WITT, JR., JUDGE
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