STATE OF TENNESSEE v. CHRIS GREEN

Syllabus

The Defendant, Chris Green, was convicted by a Hawkins County Criminal Court jury ofrobbery and facilitation to commit aggravated assault, for which he received an effectivesentence of twenty-five years' incarceration as a Range III, persistent offender. The trialcourt 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, persistentoffender because the State failed to prove he had received five qualifying prior felonyconvictions and because the trial court conducted an unconstitutional factual inquiry intothe nature of the underlying offenses. The Defendant also argues the trial court failed tomake sufficient findings to support its imposition of fines. Following our review, wereverse the Defendant's sentences and remand for resentencing consistent with thisopinion. Because we conclude that the State failed to meet its burden of proof regardingthe Defendant's sentencing range, we do not address the Defendant's constitutional claim.