State v. Pearson

OPINION

ANDERSON, Justice.

We granted this application to resolve questions which arose out of the sentencing of the defendant, David Patrick Pearson, after he pled guilty to thirteen criminal offenses. The first was whether the trial court’s application of an enhancement factor — created by the 1989 Sentencing Act — to a criminal offense occurring before the Act’s effective date violated the ex post facto prohibition of the United States and Tennessee Constitutions. The second issue raised was whether the Court of Criminal Appeals’ sua sponte application of an enhancement factor to the…