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Posted by: Landry Butler on Nov 2, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

James R. Potter, Clarksville, Tennessee, for the appellant, Kevin Dean Atkins.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Clark B. Thornton, Senior Counsel; John W. Carney, District Attorney General; and Brooke M. Orgain, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WILLIAMS

The Defendant, Kevin Dean Atkins, appeals the trial court’s order setting aside a plea agreement whereby the Defendant pled guilty to public intoxication and admitted violating the terms of his probation for a prior conviction. The Defendant filed a motion for permission to seek an interlocutory appeal of the trial court’s order pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure, and his motion was granted. On appeal, the State concedes that the trial court’s order violated the Defendant’s double jeopardy rights. We agree and accept the State’s concession. Accordingly, we reverse the judgment of the trial court and remand the case for further proceedings consistent with this opinion.