A jury convicted the defendant, Charles Rice, of first degree murder. Following a capital sentencing hearing, the jury found three aggravating circumstances: (1) the defendant was previously convicted of one or more felonies, the statutory elements of which involve the use of violence to the person; (2) the murder was especially heinous, atrocious, or cruel in that it involved torture or serious physical abuse beyond that necessary to produce death; and (3) the murder was knowingly committed by the defendant while the defendant had a substantial role in committing, or was fleeing after having a substantial role in committing or attempting to commit a rape. Tenn. Code Ann. § 39-13- 204(i)(2), (5), (7) (1997). The jury also found that these aggravating circumstances outweighed the mitigating circumstances beyond a reasonable doubt. Accordingly, the jury imposed a sentence of death. The Court of Criminal Appeals affirmed both the conviction and sentence.
Upon automatic appeal pursuant to Tennessee Code Annotated section 39-13-206 (2003), this Court entered an order specifying seven issues for oral argument,1 including (1) whether the evidence is sufficient to support the conviction; (2) whether the evidence is sufficient to support the aggravating circumstances found by the jury; (3) whether the trial court’s instruction to the jury that aggravated assault was a felony whose statutory elements involve violence to the person violated the Sixth and Fourteenth Amendments to the United States Constitution; (4) whether the trial court’s restriction of the defendant’s cross-examination regarding Tony Evans’ prior conviction was harmless error; (5) whether the trial court erred in refusing to allow the defendant to sit at the defense counsel table; (6) whether the trial court erred in not instructing the jury on the lesser-included offense of facilitation; and (7) whether the death sentence is comparatively proportionate and valid under the mandatory review provisions of Tennessee Code Annotated section 39-13-206(c)(1)(A)- (D) (2003). After a careful review of the record and relevant legal authority, we affirm the judgment of the Court of Criminal Appeals.