Evans v. State

HENRY, Chief Justice.

I

CONCURRING

I concur in so much of the majority opinion as holds that “the present offense, the punishment of which the State seeks to enhance, may not be used as one of the convictions necessary to bring the defendant within the definition of an habitual criminal.”

I file this concurring opinion because I feel under a form of moral compulsion to confess error in the conclusion reached by this Court in Pearson v. State, 521 S.W.2d 225 (Tenn.1975) wherein we unanimously declared:

The third conviction of one of the prescribed felonies is the triggering mechanism which brings…