State of Tennessee v. Jeffery Parks - Dissenting in Part

I believe the sentencing in the instant case is controlled by State v. Marshall, 888 S.W.2d 786 (Tenn. Crim. App. 1994), and Rule 4(H)(2) of the Rules of the Supreme Court require it be followed. To the extent that the majority opinion holds this trial judge fashioned an improper sentence, I disagree. The two holdings in Marshall which apply to the instant cases are as follows: