04/28/97 State Tennessee V. Henry Eugene Hodges

In this capital case, the trial court accepted pleas of guilty entered by the defendant, Henry Eugene Hodges, to first-degree premeditated murder *fn1 and especially aggravated robbery. *fn2 The trial court conducted a capital sentencing hearing to determine the sentence on the conviction for premeditated murder in accordance with Tenn. Code Ann. § 39-13-204(1991 Rep. & 1996 Supp.). In the sentencing hearing, the jury found three aggravating circumstances: (1) "the defendant was previously convicted of one or more felonies, other than the present charge whose statutory elements involve the use of violence to the person;" (2) "the murder was especially heinous, atrocious or cruel in that it involved torture or serious physical abuse beyond that necessary to produce death;" and (3) "the murder was committed while the defendant was engaged in committing, or was an accomplice in the commission of, or attempting to commit, or fleeing after committing a robbery." Tenn. Code Ann. § 39-13-204(I)(2), (I)(5) and (I)(7) (1991 Repl.). Finding that the three aggravating circumstances outweighed mitigating circumstances beyond a reasonable doubt, the jury sentenced the defendant to death by electrocution.