State v. Gomez

OPINION

in which WILLIAM M. BARKER, C.J., and JANICE M. HOLDER and GARY R. WADE, JJ., joined.

This matter is before us upon remand by the United States Supreme Court for reconsideration in light of that Court’s decision in Cunningham v. California, 549 U.S. -, 127 S.Ct. 856, 166 L.Ed.2d 856 (2007). In our initial disposition of this matter, State v. Gomez, 163 S.W.3d 632 (Tenn.2005), we concluded that the Defendants were not entitled under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), and its progeny to relief as to their sentences. Upon further review following…