IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs October 5, 2004 STATE OF TENNESSEE v. MICHAEL WOODS Appeal from the Criminal Court for Shelby County No. 99-09509 W. Fred Axley, Judge

No. W2003-02762-CCA-R3-CD - Filed February 17, 2005

JOSEPH M. TIPTON , J., concurring.

I concur in the results reached and most of the reasoning used in the majority opinion. I disagree, though, with the conclusion that Blakely v. Washington, 542 U.S. ____, 124 S. Ct. 2531 (2004), does not affect the sentencing. However, I believe the defendant’s history of criminal of convictions justifies the sentence he received.

____________________________________ JOSEPH M. TIPTON, JUDGE