Tennessee appeals court hears challenge to sentence enhancement based on 2010 Florida aggravated-assault conviction

The Tennessee Court of Criminal Appeals heard oral argument in State of Tennessee v. Billy Anderson on whether a November 2010 Florida aggravated-assault conviction may lawfully be used to enhance Anderson’s sentence from Range I to Range II, attorneys said during the court’s afternoon docket.

The outcome could affect a sentence the trial court imposed after Anderson pleaded guilty on Feb. 9, 2024, to attempted first-degree murder and second-degree murder and was given consecutive Range II terms of 40 years and 35 years. Defense counsel asked the appeals court to remand for resentencing at Range I if the Florida conviction cannot be counted.

Appellate attorney Austin Van Hoy, representing Billy Anderson, said the central question is categorical equivalence: "Does Florida's aggravated assault statute match Tennessee's element for element so that it can lawfully enhance the range?" Van…