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Posted by: Amelia Ferrell Knisely on Mar 4, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

Gerald L. Melton, District Public Defender; Russell N. Perkins, Assistant Public Defender, Murfreesboro, Tennessee, for the Defendant-Appellant, Kevin Butler.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Brent C. Cherry, Senior Counsel; Jennings H. Jones, District Attorney General, for the Appellee, State of Tennessee.

Judge(s): MCMULLEN

The Defendant-Appellant, Kevin Butler, was convicted by a Rutherford County jury of aggravated robbery and sentenced as a Range II, multiple offender to fourteen years in the Tennessee Department of Correction. The sole issue presented for our review is whether the trial court erred in allowing the State to engage in prosecutorial misconduct during closing argument. Upon review, it is necessary to remand this matter for entry of an amended judgment which reflects the sentence as stated in the trial court?s order denying the motion for new trial. In all other respects, we affirm the judgment of the trial court.