State v. Kissinger

OPINION

WHITE, Justice.

Michael R. Kissinger and Guy Phelan Roberson were each convicted of one count of aggravated sexual battery. Kissinger was also convicted of one count of aggravated rape. The victims of each of these crimes were children of less than thirteen years. In each case, the trial courts enhanced defendants’ sentences beyond the minimum in the range based on a number of factors found in Tennessee Code Annotated Section 40-35-114. The Court of Criminal Appeals affirmed the convictions of both defendants. However, in the Kissinger case, a panel of the intermediate court held that…