State of Tennessee v. Michael Farmer and Anthony Clark

WILLIAM C. KOCH, JR., J.,

concurring.

I concur with the Court’s conclusions that all gunshot wounds do not necessarily cause bodily injury that involves a “substantial risk of death” for the purpose of TenmCode Ann. § 39-1 l-106(a)(34)(A) (2010). I also agree that the State failed to present sufficient evidence that the particular gunshot wound Mr. Westbrooks received involved a substantial risk of death. Accordingly, I join the Court’s decision to vacate Messrs. Farmer’s and Turner’s convictions for especially aggravated robbery and to remand for resentencing for aggravated robbery. I have…