IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE FILED DECEMBER 1997 SESSION June 17, 1998 Cecil W. Crowson Appellate Court Clerk STATE OF TENNESSEE, ) ) NO. 01C01-9701-CR-00031 Appellee, ) ) DAVIDSON COUNTY VS. ) ) HON. ANN LACY JOHNS, JUDGE ROBERT ANTHONY PAYNE, ) a.k.a. ANTHONY JORDAN, ) (Vehicular Homicide, Reckless ) Endangerment, Reckless Appellant. ) Aggravated Assault, Intentional or ) Knowing Aggravated Assault)

CONCURRING OPINION

I acknowledge that I upheld the constitutionality of the statute on parole eligibility in State v. Cooper, No. 01C01-9604-CC-00150 (Tenn. Crim. App. at Nashville, November 17, 1997). However, I did not address the issue of whether telling the jury that they could consider sentencing in reaching their verdict was appropriate. Therefore, I concur with Judge Riley's analysis in this case.

__________________________ PAUL G. SUMMERS, Judge