IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE On Remand from the Tennessee Supreme Court STATE OF TENNESSEE v. ANTHONY RIGGS Direct Appeal from the Circuit Court for Wayne County No. 13,665 Stella Hargrove, Judge

No. M2007-02322-RM-CD - Filed May 7, 2008

JAMES CURWOOD WITT , JR., J., concurring.

I concur in the majority opinion except I would have not relied upon the presentence report for a Blakely-type admission. See State v. Charles Vantilburg III, No. W2006-02475-CCA-R3-CD (Tenn. Crim. App., at Jackson, Feb. 12, 2008) (holding that statements “made outside the confines of any judicial proceeding . . . do not qualify as admissions for purposes of the Sixth Amendment”).

___________________________________ JAMES CURWOOD WITT, JR., JUDGE