IN THE SUPREME COURT OF TENNESSEE AT JACKSON

STATE OF TENNESSEE v. KENNATH ARTEZ HENDERSON

Appeal from the Circuit Court for Fayette County No. 4465 Jon Kerry Blackwood, Judge

No. W1998-00342-SC-DDT-DD — Decided July 10, 2000 FOR PUBLICATION

JUSTICE BIRCH, dissenting.

I am compelled to dissent from the opinion of my colleagues because of my view that under the circumstances here presented, the (i)(6) aggravating factor is fully absorbed by the (i)(9) aggravating factor.1 Accordingly, only one of the two should affect the defendant’s sentence.

1 Tenn. Code Ann. § 39-15-204 (Supp. 1999).