STATE OF TENNESSEE v. CHRISTOPHER MINOR (2018)

JUDGMENT

This case was heard upon the record on appeal from the Court of Criminal Appeals, briefs and argument of counsel; and upon consideration thereof, this Court is of the opinion that the Court of Criminal Appeals' decision in State v. Bonds, 502 S.W.3d 118 (Tenn. Crim. App. 2016), perm. app. denied (Tenn. Aug. 18, 2016), declaring the criminal gang offense statute, see Tenn. Code Ann. § 40-35-121(b) (2014), unconstitutional applies to the defendant's appeal because it was pending on direct review when Bonds was decided. Although the defendant failed to challenge the constitutionality of the criminal gang offense statute in the trial court, the defendant has established his entitlement to relief under the plain error doctrine.

In accordance with the opinion filed herein, it is, therefore, ordered and adjudged that the defendant's convictions under the criminal gang offense statute are vacated and this matter is remanded to the trial court for resentencing on the defendant's remaining convictions in accordance with the sentencing classification ranges established by the specific statutes creating the offenses, without any classification or sentence enhancement pursuant to the criminal gang offense statute.

Costs of this appeal shall be paid by the State of Tennessee, for which execution may issue if necessary.