In State v. King, ____ S.W.2D ____ (Tenn. 1998), Our Supreme Court ( 1998 )

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE FILED APRIL 1998 SESSION August 27, 1998 Cecil W. Crowson STATE OF TENNESSEE, * C.C.A. # 01C01-9707-CR-00237 Clerk Appellate Court Appellee, * DAVIDSON COUNTY VS. * Hon. Thomas H. Shriver, Judge MARCUS L. NELSON, * (Aggravated Robbery) Appellant. * CONCURRING OPINION In State v. King, ____ S.W.2d ____ (Tenn. 1998), our supreme court ruled that the charge on parole eligibility and early release was acceptable because the jury was provided the instruction on an "information only" basis. In my view, juries should not be allowed to weigh and consider parole eligibility in the context of innocence or guilt. Any error in giving the instruction in this instance, however, was harmless beyond doubt. The proof is overwhelming that the defendant committed the crimes for which he was convicted. So long as the jury understands that the statute at issue plays no part in the determination of guilt or innocence to any of the crimes defined in the instructions, convictions should be upheld on appeal. Otherwise, the ruling of this court in State v. Jason M. Weiskopf, No. 02C01-9611- CR-00381 (Tenn. Crim. App., at Jackson, Feb. 4, 1998), app. filed, (May 6, 1998), should control. __________________________________ Gary R. Wade, Judge