IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE FILED JUNE 1997 SESSION May 27, 1998 Cecil Crowson, Jr. Appellate C ourt Clerk STATE OF TENNESSEE, ) ) C.C.A. NO. 03C01-9610-CR-00369 Appellee, ) ) BRADLEY COUNTY VS. ) ) HON. MAYO L. MASHBURN, DONALD RAY SHIRLEY, ) JUDGE ) Appellant. ) (Aggravated Robbery)

CONCURRING IN PART AND DISSENTING IN PART

I respectfully dissent from the majority’s modification of the defendant’s sentence for the robbery at the Take Two Video store. Because I believe the enhancing factors support the maximum prison term for this robbery, I would affirm its sentence in this regard. I concur in all other aspects of the majority’s opinion.

_______________________________ JOHN H. PEAY, Judge