Wallen v. State

The majority bases its decision to uphold the petitioner’s three life sentences for armed robbery on our opinion in State v. Mahler, 735 S.W.2d 226 (Tenn.1987). Because I conclude that Mahler is distinguishable on its facts and, further, that this case raises a constitutional question that was not presented by Mahler, I respectfully dissent. I believe that the petitioner is entitled to resentencing in this case, not only as to the three life sentences but also as to a 40-year sentence he received on another armed robbery charge.

1. Procedural History

The genesis of this matter can be traced…