IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE December 13, 2000 Session STATE OF TENNESSEE v. ROBERT LEE PATTEE Direct Appeal from the Criminal Court for Sumner County No. 239-1999 Jane Wheatcraft, Judge

No. M2000-00257-CCA-R3-CD - Filed May 3, 2001

JOSEPH M. TIPTON, J., concurring.

I concur in the result reached and most of the reasoning in the majority opinion. However, I believe that the evidence was sufficient to warrant the jury being instructed regarding voluntary manslaughter. I agree, though, that the failure to instruct the jury was harmless.

___________________________________ JOSEPH M. TIPTON, JUDGE