State of Tennessee v. Susan Renee Bise - Concurring/Dissenting

I concur with the majority opinion in affirming the convictions. I respectfully dissent  from the majority opinion’s conclusion that the effective sentence must be modified to the minimum sentence of two years, based upon the majority’s conclusion that the one enhancement factor found by the trial court was inappropriately applied. I do agree that the enhancement factor was inappropriately applied. I conclude, however, that in order for our sentencing scheme to be in full compliance with the United States Supreme Court’s holding in Blakely v. Washington, 542 U.S. 296, 1245 S.Ct. 2531, 159 L.Ed.2d 403 (2004), and that case’s progeny, we cannot reduce an enhanced sentence imposed by a trial court which is within the appropriate range, for the sole reason that no statutory enhancement factors are applicable.