State v. Middlebrooks

0 PINION

ANDERSON, Chief Justice.

This case is before us for automatic review of the Court of Criminal Appeals’ affirmance of a death sentence imposed upon Donald Ray Middlebrooks in a Davidson County resentencing hearing for first degree murder. 1

Middlebrooks initially was convicted of felony murder and sentenced to death based on the jury’s finding that evidence of two aggravating circumstances — that the murder was “especially heinous, atrocious, or cruel in that it involved torture or depravity of mind,” Tenn.Code Ann. § 39-2-203(i)(5) (1982) (now codified in Tenn.Code Ann. § 39 —…