Tennessee Supreme Court January 5, 2004, M2000-00766-SC-DDT-DD (State v. Holton)

ADOLPHO A. BIRCH, JR., J.,

concurring and dissenting.

I concur in the conclusion of the majority that Holton’s convictions should be affirmed. As to the sentence of death, however, I continue to adhere to my views expressed in a long line of dissents beginning with State v. Chalmers, 28 S.W.3d 913, 920-25 (Tenn.2000) (Birch, J.