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STATE v. BLOUVETT

904 S.W.2d 111 (1995)

STATE of Tennessee, Appellant, v. Corby Martin BLOUVETT, II and Dennis James Ogle, Appellees.

Supreme Court of Tennessee, at Knoxville.

July 10, 1995.

Attorney(s) appearing for the Case

A. Phillip Lomonaco, Knoxville, for appellee Blouvett.

Mark Stephens, 6th District Public Defender, Paula R. Voss, Asst. Public Defender, Knoxville, for appellee Ogle.

David L. Raybin, Tenn. Assoc. of Crim. Defense Lawyers, Nashville, for amicus curiae.

Charles W. Burson, Atty. Gen. & Reporter, Kathy Morante, Deputy Atty. Gen., Kimbra Spann, Asst. Atty. Gen., Nashville, William E. Dossett, 6th Dist. Atty. Gen., Robert L. Jolley, Jr., David C. Jennings, Tony W. Stansberry, Asst. Dist. Attys. Gen., Knoxville, for appellant.

OPINION

BIRCH, Justice.

The Court of Criminal Appeals found that the trial court had misconstrued certain statutory sentencing provisions1 in establishing Corby Martin Blouvett II and Dennis James Ogle, defendants, as Range III career offenders and sentencing them as such. Specifically, the court held that the prior convictions used to enhance a defendant's status beyond that of a standard offender must have been reduced to judgment...

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