State of Tennessee v. Dalvin Smith - Concurring
Syllabus
I concur in affirming the sentences in this case, but I would rule that the record is inadequate for a ruling on the merits, resulting in a determination that we must presume the propriety of the trial court's sentencing decisions. Most often, when only a sentencing issue is raised on appeal, the appellant has pleaded guilty. In this case, the defendant was tried and convicted by a jury. The record on appeal, however, does not include a transcript of the trial evidence.
Judges: Judge James Curwood Witt, Jr.
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