IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE STATE OF TENNESSEE v. HARRY G. STURGILL Criminal Court for Davidson County No. 2001-B-1260

No. M2003-01817-CCA-R3-CD - Filed July 19, 2005

OPINION ON REHEAR

This court granted Defendant’s petition to rehear to consider the impact of the United States Supreme Court's decision in Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531 (2004) on Defendant’s sentence. Since that time, the Tennessee Supreme Court has considered the impact of Blakely on Tennessee’s sentencing scheme and concluded that the Criminal Sentencing Reform Act of 1989and its procedures do not violate a defendant’s Sixth Amendment right to a trial by a jury as described in Blakely. See State v. Edwin Gomez, ____ S.W.3d _____, No. M2002-01209-SC-R11-CD, 2005 WL 856848, at *22 (Tenn. Apr. 15. 2005). In light of the Supreme Court’s recent decision in Gomez, this court determines that Defendant’s argument that his sentence is improper under Blakely has no merit. This court’s previous opinion is affirmed in all respects. Costs are assessed against the State.

PER CURIAM JERRY L. SMITH, JUDGE JOE G. RILEY, SPECIAL JUDGE ALAN E. GLENN, JUDGE