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Appellate advocates agree Chris Green should be remanded for resentencing to range 2; court probes broader Erlanger question
Summary
At oral argument, defense counsel William Gill and state counsel agreed the case should be remanded for resentencing under range 2, while the panel debated whether resolving the Erlanger constitutional question is necessary or would have wide implications for Tennessee sentencing law.
At oral argument, William Gill of the public defender's office, representing appellant Chris Green, asked the court to remand Green's sentence for resentencing under range 2; the state agreed that remand would provide the requested relief but urged the panel not to address a broader constitutional question under Erlanger.
Gill told the court that the appeal raises three issues: whether Tennessee's range-classification scheme is unconstitutional under Apprendi/Erlanger principles; whether a 1983 larceny conviction in the record is sufficiently proved and qualifies as a felony; and whether the trial court made the necessary findings to support $7,500 in fines. He said parties largely…
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