State of Tennessee v. Glen Howard

OPINION

in which JEFFREY S. BIVINS, C.J., and CORNELIA A. CLARK, SHARON G. LEE, and HOLLY KIRBY, JJ., joined.

We granted this appeal to consider whether our decision in State v. Burns, 6 S.W.3d 453 (Tenn. 1999), wherein we set forth the test for determining whether a criminal offense constitutes a lesser-included offense of a charged offense, remains viable following the 2009 amendments to Tennessee Code Annotated section 40-18-110, which codified Bums parts (a) and (c) but excluded part (b). Having determined that the statute did not abrogate part (b) of the Bums test, we reverse the Court of…