State of Tennessee v. David Lee Bellamy - Concurring

In my view, we must recognize the possibility that Blakely v. Washington, ___ U.S. ___, 124 S. Ct. 2531 (2004), hampers a trial judge’s authority to make the fact findings necessary to overcome the statutory presumption of favorable candidacy for alternative sentencing. See Tenn. Code Ann. §§ 40-35-102(6) (2003) (establishing presumption of favorable candidacy for alternative sentencing for certain mitigated or standard offenders convicted of felonies in Classes C through E), -103(1) (2003) (establishing factual bases which may support a sentence of confinement).