State of Tennessee v. Anthony Griffin - Concurring

I concur in the result regarding the trial court’s failure to instruct on the lesser offense of Class E evading arrest. In my view, the legislature was empowered to enact the 2001 amendment (effective 2002) to Tennessee Code Annotated section 40-18-110. As a result, the defendant’s failure to make a timely objection or request for a special instruction equates to a waiver of the issue on appeal.