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Posted by: Landry Butler on Aug 25, 2017

Court: TN Court of Criminal Appeals

Attorneys 1:

Herbert H. Slatery III, Attorney General and Reporter; M. Todd Ridley, Assistant Attorney General; Bryant C. Dunaway, District Attorney General; and Bret T. Gunn, Assistant District Attorney, for the Appellant, State of Tennessee.

Attorneys 2:

Craig P. Fickling, District Public Defender; and Benjamin D. Marsee, Assistant Public Defender, for the Defendant-Appellee, Danielle Chandria Jensen.

Judge(s): MCMULLEN

Following the trial court’s denial of an interlocutory appeal pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure, the State sought and was granted permission for an extraordinary appeal pursuant to Rule 10 of the Tennessee Rules of Appellate Procedure. In this appeal, the State argues that the trial court erroneously dismissed a burglary count in a superseding indictment against the Defendant, Danielle Chandria Jensen, who had previously been charged with theft of property valued at $500 or less, assault, and criminal trespass involving the same conduct. See T.C.A. §§ 39-13- 101(a)(1), 39-14-103, -105(a)(1), -402(a)(3), -405 (Supp. 2014). We affirm the judgment of the trial court dismissing the burglary count.