IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE August 9, 2000 Session CITY OF CHATTANOOGA v. KEVIN DAVIS Appeal from the Criminal Court for Hamilton County No. 225103 Douglas A. Meyer, Judge FILED OCTOBER 31, 2000 No. E2000-00664-COA-R3-CV

HOUSTON M. GODDARD , P.J., Concurring I concur in the opinion of Judge Susano because I believe he has accurately articulated the present state of Tennessee law on the subject at hand. I also concur in the dissenting opinion of Judge Franks, which urges the Supreme Court to accept this case if an application for permission to appeal is requested so that a definitive and authoritative rule may be enunciated as to this significant constitutional question.

_________________________________________ HOUSTON M. GODDARD, PRESIDING JUDGE