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STATE v. MOSS

727 S.W.2d 229 (1986)

STATE of Tennessee, Appellant, v. Leonard MOSS, Defendant-Appellee.

Supreme Court of Tennessee, at Knoxville.

October 20, 1986.

Attorney(s) appearing for the Case

W.J. Michael Cody, Atty. Gen. and Reporter, Wayne E. Uhl, Asst. Atty. Gen., Nashville, for appellant.

Don W. Poole, Chattanooga, for appellee.

David L. Raybin, Tennessee Ass'n of Criminal Defense Lawyers, Nashville, for amicus curiae.

OPINION

DROWOTA, Justice.

The issue in this case is whether the Sentencing Reform Act of 1982, as amended, embodies a policy that sentencing determinations should begin with the presumption that the minimum sentence should be imposed. Defendant, Leonard Moss, was convicted of second degree murder in the Hamilton County Criminal Court on September 27, 1984.

I.

In the early evening of Friday, May 6, 1983, Defendant was observed by Chattanooga...

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