State v. Jones

OPINION

REID, Chief Justice.

This case presents an appeal from the judgment of the Court of Criminal Appeals affirming the imposition of a six-year, range I sentence upon the defendant’s conviction for aggravated assault causing serious bodily injury. Permission to appeal was granted in order to decide if certain enhancement factors, set forth in T.C.A. § 40-35-114(6), (10), (16) (1990), were “essential elements of the offense charged” and thus proscribed by T.C.A. § 40-35-114 from use as enhancement factors.

The proof in the case is meager. According to the presentence report, on April 28,…