State v. Cornelius Michael Hyde

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT KNOXVILLE

August 22, 2000 Session

STATE OF TENNESSEE v. CORNELIUS MICHAEL HYDE

Appeal from the Circuit Court for Blount County No. C-10230 D. Kelly Thomas, Jr., Judge No. E2000-00042-CCA-R3-CD December 28, 2000

ROBERT W. WEDEMEYER , J., concurring.

I concur in the results reached in the opinion authored by Judge Welles. I differ only in that I believe, as Judge Tipton states in his dissent, that “the failure to instruct on lesser-included offenses in the present case constituted error of a constitutional dimension.” I have concluded, however, that in this case the State has demonstrated beyond a reasonable doubt that the error did not affect the outcome of the trial. Therefore, I concur in the result reached by Judge Welles concerning the issue of lesser-included offenses, and I concur in all respects with the reasoning and results reached by Judge Welles in the remainder of his opinion.

___________________________________ ROBERT W. WEDEMEYER, JUDGE