Legal Opinion
State v. Cook
Tennessee Supreme Court
Decided November 12, 1991PublishedCited by 43 opinions
1Opinion of the Court
OPINION
WILLIAM S. RUSSELL, Special Justice.
HISTORY OF THE CASE
Benedict Joseph Cook, III, was convicted of three counts of aggravated rape and two counts of aggravated sexual battery. The alleged victim was under thirteen years of age at the times of the sexual abuse.
Because of the age of the victim, the offenses were aggravated by definition and called for enhanced punishment without the necessity of the filing by the State under Rule 12.3 Tenn.R.Crim.P. of a notice of intent to seek enhanced punishment. See T.C.A. Sections 39-2-603, 39-2-606 (1988 Supp.). Because the notice was not filed…
2Cases cited3 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- State v. DavisCourt of Criminal Appeals of Tennessee · 1988
- Hearn v. PleasureCourt of Appeals of Tennessee · 1981
3Cited by43 opinions
- Vaughn v. StateTennessee Supreme Court · 2006
- State v. JeffersonTennessee Supreme Court · 2000
- State v. HarrisTennessee Supreme Court · 1999
- State v. BellTennessee Supreme Court · 2015
- State v. SmithCourt of Criminal Appeals of Tennessee · 1995
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