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STATE v. KEEN

926 S.W.2d 727 (1994)

STATE of Tennessee, Appellee, v. David KEEN, Appellant.

Supreme Court of Tennessee.

Opinion Granting Rehearing and Remanding for Sentencing July 8, 1996.

Attorney(s) appearing for the Case

Charles W. Burson, Attorney General and Reporter, Joel Perry, Assistant Attorney General, Nashville, for Appellee.

W. Mark Ward, Memphis, Brock Mehler, Nashville, for Appellant.

OPINION

O'BRIEN, Justice.

Defendant, David M. Keen, entered a plea of guilty to murder in the first degree and perpetration of rape, and to a charge of aggravated rape. The cause was submitted to a jury for consideration of the evidence for sentencing. Upon completion of their deliberation they unanimously found (1) the murder was committed against a person less than 12 years of age and the defendant was 18 years of age or older; (2) the murder was...

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