State of Tennessee v. Thomas A. Isbell - Concurring

I concur in all portions of the majority opinion except the conclusion that the trial court did not violate the holding in Mitchell v. U.S., 526 U.S. 314 (1999).  In Mitchell, the Supreme Court held, 

By holding [the defendant’s] silence against her in determining the facts of the offense at the sentencing hearing, the [trial court] imposed an impermissible burden on the exercise of the constitutional right against compelled self-incrimination.

Id. at 330.