State of Tennessee v. Jody Lane Orr - Concurring
Opinion
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT JACKSON
September 10, 2002 Session
STATE OF TENNESSEE v. JODY LANE ORR
Appeal from the Circuit Court for Carroll County No. 01cr-1636 C. Creed McGinley, Judge
No. W2001-02075-CCA-R3-CD - Filed November 27, 2002
JOSEPH M. TIPTON, J., concurring.
I concur with most of the majority opinion. I respectfully disagree with its conclusion that enhancement factor (5), regarding exceptional cruelty, does not apply. I believe that being duct taped, blindfolded, tied up, and made to wear a New Year’s party hat reflect mental abuse and degradation that goes above and beyond that inherently necessary for any aggravated rape. Although I do not believe that the weight of the two enhancement factors applied by the majority opinion should result in a maximum sentence of twenty-five years, I conclude that the sentence is appropriate because of the application of enhancement factor (5), as well.
____________________________________ JOSEPH M. TIPTON, JUDGE
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