Tennessee Supreme Court· 10/9/2007

State v. Gomez

Citations

239 S.W.3d 733
2007 Tenn. LEXIS 884
2007 WL 2917726

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

noting that the proof at the sentencing hearing established that Defendant Londono had previous convictions . . . and also admitted to prior illegal drug use
applying plain error review, consistent with the finding in Gomez I that the defendants failed to preserve their constitutional claim for plenary appellate review
establishing that, under the 1989 Sentencing Act, it is improper for a trial court to conduct fact-finding in order to enhance a defendant’s sentence if the fact is not admitted or a previous criminal conviction
applying plain error review to sentencing claims not raised before the trial court
remanding the case for resentencing because “the record in this case as to the Defendants’ criminal histories is not sufficiently well-developed for us to determine the proper sentences based on this enhancement factor alone”
“A sentencing court could not increase a defendant’s sentence above the presumptive sentence except upon the application of statutory enhancement factors.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Justice Cornelia A. Clark

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217 cases in this archive cite this case; the 20 most cited are listed.

Cites

16 cases in this archive are cited by this case.

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