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STATE v. KING

973 S.W.2d 586 (1998)

STATE of Tennessee, Appellee, v. Howard E. KING, Appellant.

Supreme Court of Tennessee, at Jackson.

July 6, 1998.

Attorney(s) appearing for the Case

A.C. Wharton, Jr., Public Defender, Walker Gwinn, Assistant Public Defender, Memphis, for Appellant.

John Knox Walkup, Attorney General and Reporter, Michael E. Moore, Solicitor General, Linda A. Ross, Associate Solicitor General, Nashville, William L. Gibbons, District Attorney General, David C. Henry, Assistant District Attorney, Memphis, for Appellee.

OPINION

BIRCH, Justice.

We granted permission to appeal under Tenn. R.App. P. 11 to Howard E. King, the appellant, in order to address the constitutionality of Tenn. Code Ann. § 40-35-201(b)(2) (Supp. 1994),1 which requires trial courts to instruct juries regarding parole and release eligibility when a jury instruction on the sentencing range is requested by either party...

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