March 26, 1999
Volume 5 -- Number 041

What follows is the case style or name, first paragraph, author's name, and the names of attorneys for the parties of each opinion released eletronically today to TBALink from Tennessee's three appellate courts.

This Issue (IN THIS ORDER):
 
00 New Opinion(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Court of Appeals
21 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 New Judicial Ethics Opinion(s)
00 New Formal Ethics Opinion(s) from the Board of Professional Responsibility
 

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Lucian T. Pera
Editor-in-Chief, TBALink

STATE OF TENNESSEE
VS.
JAMES ALFRED ANDERS
Court:TCCA

Attorneys:                          
FOR THE APPELLANT:          FOR THE APPELLEE:

GUY T. WILKINSON            JOHN KNOX WALKUP
District Public Defender    Attorney General & Reporter 

BILLY R. ROE, JR.           J. ROSS DYER 
Assistant District          Assistant Attorney General  
Public Defender             Criminal Justice Division 
117 North Forrest Avenue    425 Fifth Avenue North
Camden, TN 38320            Nashville, TN 37243
                            
    
                            ROBERT "GUS" RADFORD
                            District Attorney General

                            ELEANOR CAHILL
                            Assistant District Attorney General
                            24th Judicial District
                            P.O. Box 686 
                            Huntingdon, TN 38344    

Judge:WILLIAMS

First Paragraph:

James Alfred Anders appeals as of right from a judgment of the Circuit
Court of Carroll County convicting him of rape following a jury trial.
 The trial court sentenced him as a range I standard offender to ten
years' confinement, with a release eligibility of thirty percent.  The
sole issue presented for our review is whether the evidence at trial
was sufficient to support the defendant's conviction.  We AFFIRM the
trial court's judgment of conviction but MODIFY the sentence imposed
below to conform with statutory mandates.

http://www.tba.org/tba_files/TCCA/andersja_opn.WP6



STATE OF TENNESSEE VS. TIMOTHY S. BRADLEY Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: WILLIAM B. LOCKERT, III JOHN KNOX WALKUP District Public Defender Attorney General and Reporter WADE BOBO CLINTON J. MORGAN Assistant Public Defender Counsel for the State P. O. Box 464 425 Fifth Avenue North Ashland City, TN 37015 Nashville, TN 37243 DAN ALSOBROOKS District Attorney General GEORGE SEXTON Assistant District Attorney 2nd Floor, Humphreys Co. Courthouse Waverly, TN 37185 Judge: First Paragraph: On June 19, 1997, Appellant Timothy S. Bradley pled guilty to an aggravated burglary that occurred at a residence in Humphreys County. After a sentencing hearing held that same day, the trial court sentenced Appellant as a Range I standard offender to a term of four years to be served in the Community Corrections Program. After a revocation hearing on February 25, 1998, the trial court found that Appellant had violated the conditions of his Community Corrections sentence. On March 2, 1998, the trial court ordered Appellant to serve his original four year sentence in the Tennessee Department of Correction, less credit for the time served in the Community Corrections Program and for time served in jail for the violation. Appellant challenges the trial court's order, raising the following issue: whether he is entitled to pre-trial jail credit for the Humphreys County sentence in this case for time that he spent in the Dickson County Jail for another case. After a review of the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Bradtimo_opn.WP6
STATE OF TENNESSEE VS. VINCENT BURRIS, a.k.a. VINSON BURRIS, Court:TCCA Attorneys: For the Appellant: For the Appellee: George Morton Googe John Knox Walkup District Public Defender Attorney General & Reporter Jackson, Tennessee (At Trial) Georgia Blythe Felner Counsel for the State C. Michael Robbins Nashville, Tennessee Memphis, Tennessee (On Appeal) Judge: BARKER First Paragraph: The appellant, Vincent Burris, appeals as of right his conviction in the Madison County Circuit Court of selling crack cocaine, a Schedule II controlled substance. The trial court sentenced appellant to serve four years in the Tennessee Department of Correction. On appeal, he contends that the indictment did not sufficiently allege an offense and the evidence of identity was insufficient to sustain the verdict. We conclude that the indictment is adequate and that the evidence is sufficient to support the verdict. The conviction and sentence are affirmed. http://www.tba.org/tba_files/TCCA/burrisv_opn.WP6
MICKEY CRESONG, SR. VS. STATE OF TENNESSEE Court:TCCA Attorneys: RAYMOND C. CONKIN, JR. JOHN KNOX WALKUP Attorney at Law Attorney General & Reporter 320 Cherokee Street, Suite B Kingsport, TN 37660 ELIZABETH B. MARNEY Assistant Attorney General 425 Fifth Ave. N., 2d Floor Nashville, TN 37243-0493 H. GREELEY WELLS, JR. District Attorney General BARRY STAUBUS and TERESA MURRAY SMITH Assistant District Attorneys Second Judicial District P.O. Box 526 Blountville, TN 37617 Judge: WITT First Paragraph: The petitioner, Mickey Cresong, Sr., appeals from the Sullivan County Criminal Court's order dismissing his petition for post-conviction relief. A jury convicted the petitioner of aggravated rape, a Class A felony, and the trial court imposed a $30,000 fine and a sentence of confinement for 25 years in the Department of Correction. He appealed his conviction, and this court affirmed on April 25, 1995. State v. Mickey Cresong, Sr., No. 03C01-9406-CR-00230 (Tenn. Crim. App., Knoxville, Apr. 25, 1995). On April 15, 1996, he filed a pro se petition for post-conviction relief. The trial court held a hearing on the petition on December 18, 1997. The petitioner alleges ineffective assistance of counsel in the: (1) failure to subpoena material witnesses for the defense, (2) failure to question the DNA expert witness regarding the possibility that the perpetrator was a person of Hispanic descent, (3) failure to challenge the conviction on the ground that the jury instruction on reasonable doubt was defective, and (4) failure to object to a defective indictment. Following a review of the record and the briefs of the parties, we affirm the trial court's dismissal of the petition. http://www.tba.org/tba_files/TCCA/Cresong_opn.WP6
STATE OF TENNESSEE VS. JENNIE BAIN DUCKER Court:TCCA Attorneys: For the Appellant: For the Appellee: David L. Raybin John Knox Walkup Hollins, Wagster & Yarbrough Attorney General and Reporter 2210 SunTrust Center 424 Church Street Sandy C. Patrick Nashville, TN 37219 Assistant Attorney General Criminal Justice Division and 450 James Robertson Parkway Nashville, TN 37243-0493 Michael D. Galligan 308 West Main Street P. O. Box 289 William M. Locke McMinnville, TN 37110-0289 District Attorney General P. O. Box 410, Professional Bldg. McMinnville, TN 37110 Judge: HAYES First Paragraph: The appellant, Jennie Bain Ducker, was indicted in June, 1995, on two counts of first degree murder resulting from the aggravated child abuse of her two children, ages 13 months and 23 months. A Warren County jury, on October 3, 1995, found the appellant guilty of two counts of the lesser charged offense of aggravated child abuse. Concurrent sentences of eighteen years were imposed for each of the class A felony convictions. In this appeal as of right, the appellant raises the following issues: http://www.tba.org/tba_files/TCCA/Duckerjb_opn.WP6
STATE OF TENNESSEE VS. MICHAEL SAMUEL EIDSON Court:TCCA Attorneys: For Appellant: For Appellee: Gale K. Flanary John Knox Walkup Assistant Public Defender Attorney General & Reporter P.O. Box 839 Blountville, TN 37617 Ellen H. Pollack Assistant Attorney General 425 Fifth Avenue North Cordell Hull Building Nashville, TN 37243 Greg A. Newman Assistant District Attorney General P.O. Box 526 Blountville, TN 37617 Judge: WADE First Paragraph: The defendant, Michael Eidson, pled guilty to violating an order declaring him to be an habitual traffic offender, reserving the following certified question of law: whether the 1993 order declaring the defendant to be an habitual traffic offender is void because the clerk's office failed to mark the order "filed" or "filed for entry." See Tenn. R. Civ. P. 58. The trial court imposed a two-year sentence to be served in TDOC. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Eidsonms_opn.WP6
CHRIS FREEMAN VS. FRED RANEY, WARDEN Court:TCCA Attorneys: For Appellant: For Appellee: Chris Freeman, Pro Se John Knox Walkup N.W.C.C. Attorney General and Reporter Route 1, Box 660 Tiptonville, TN 38079 Elizabeth T. Ryan Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 C. Phillip Bivens District Attorney General P.O. Drawer E Dyersburg, TN 38024 Judge: WADE First Paragraph: The petitioner, Chris Freeman, appeals the trial court's denial of his petition for writ of habeas corpus. In this appeal of right, the petitioner argues that his judgment of conviction for attempted second degree murder is void because the underlying indictment failed to allege an overt act constituting a substantial step towards the commission of the crime. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/freemanc_opn.WP6
ARZOLIA CHARLES GOINES VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Mark E. Stephens John Knox Walkup District Public Defender Attorney General & Reporter Aubrey L. Davis Todd R. Kelley Assistant Public Defender Assistant Attorney General 1209 Euclid Avenue 425 Fifth Avenue North Knoxville, TN 37921 2d Floor, Cordell Hull Building Nashville, TN 37243-0493 Judge: BYERS First Paragraph: This is an appeal from the dismissal of the petitioner's petition for post-conviction relief after an evidentiary hearing. The plaintiff was attacking his conviction for various offenses and a finding that he was a habitual offender, for which he was sentenced to serve a life sentence. The petitioner contends the record does not support the ruling of the trial judge. We affirm the judgment. http://www.tba.org/tba_files/TCCA/Goinesar_cca.WP6
STATE OF TENNESSEE VS. ARTHUR IRESON Court:TCCA Attorneys: For Appellant: For Appellee: Thomas R. Bandy, III John Knox Walkup Attorney for Appellant Attorney General and Reporter P.O. Box 1127 555 E. Main St, Ste 102-F Ellen H. Pollack Kingsport, TN 37660 Assistant Attorney General 425 Fifth Avenue, North Nashville, TN 37243-0493 Edward Wilson Assistant District Attorney General P.O. Box 526 Blountville, TN 37617 Judge:WADE First Paragraph: The defendant, Arthur Ireson, was convicted of facilitation of aggravated burglary, a Class D felony. The trial court imposed a Range II sentence of eight years in the Department of Correction to be served concurrently with a prior unserved sentence. In this appeal of right, the defendant challenges the sufficiency of the convicting evidence and the sufficiency of the charging instrument. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Iresona_opn.WP6
STATE OF TENNESSEE VS. NEAL JACKSON Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MARVIN E. BALLIN JOHN KNOX WALKUP MARK A. MESLER Attorney General and Reporter 200 Jefferson Ave, Ste. 1250 Memphis, TN 38103 PETER M. COUGHLAN Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 WILLIAM L. GIBBONS District Attorney General DANIEL R. WOODY Assistant District Attorney 201 Poplar Avenue - Third Floor Memphis, TN 38103 Judge:SMITH First Paragraph: This matter is an appeal as of right by Appellant, Neal Jackson, from the judgment of the Shelby County Criminal Court. In May 1997, Appellant entered guilty pleas on charges of unlawful possession of a controlled substance with intent to sell and deliver and robbery. The trial court ordered that Appellant receive a three year sentence on each charge to run concurrently. In July 1997, Appellant filed a notice of appeal to this Court. On appeal, Appellant raises the issue of whether the trial court properly denied his petition for a suspended sentence. http://www.tba.org/tba_files/TCCA/jacksnea_opn.WP6
STATE OF TENNESSEE VS. RICKY KEELE Court:TCCA Attorneys: FOR THE APPELLANT: J. DANIEL FREEMON 327 West Gaines Street P.O. Box 727 Lawrenceburg, TN 38464-0727 FOR THE APPELLEE: PAUL G. SUMMERS Attorney General and Reporter MARVIN E. CLEMENTS, JR. Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 G. ROBERT RADFORD District Attorney General JOHN W. OVERTON Assistant District Attorney General P.O. Box 484 Savannah, TN 38372-0484 Judge: RILEY First Paragraph: Defendant, Ricky Keele, was found guilty by a Hardin County jury of one count of selling methamphetamine, a Class C felony. The trial court sentenced defendant to a Range I sentence of four years and denied alternative sentencing. In this appeal as of right, defendant contends that: (1) the trial court's conduct was prejudicial; (2) the trial court failed to preserve and maintain its independence as a neutral and detached arbiter; (3) the trial court erred in imposing a four year sentence; (4) the trial court erred in denying alternative sentencing; and (5) the sentence was disproportionate to other defendants' sentences with like circumstances. This Court finds no reversible error and AFFIRMS the trial court's judgment. http://www.tba.org/tba_files/TCCA/keeler_opn.WP6
TARRELL LOWE VS. STATE OF TENNESSEE Court:TCCA Judge:RILEY First Paragraph: This matter is before the Court upon the state's motion to affirm the trial court judgment in this case pursuant to Rule 20, Rules of the Court of Criminal Appeals. This case represents an appeal from the trial court's denial of the petitioner's petition for writ of habeas corpus. In 1990, the petitioner pled guilty to charges of assault to commit first degree murder (T.C.A. S 39-2-103 (repealed)). The petitioner appealed his convictions and has previously filed a petition for post-conviction relief. State v. Lowe, No. 22, Shelby County (Tenn. Crim. App., Feb. 27, 1991); Lowe v. State, No. 02C01- 9309-CR-00198 (Tenn. Crim. App., Oct. 19, 1994). http://www.tba.org/tba_files/TCCA/lowe_ord.WP6
STATE OF TENNESSEE VS. ROBERT THOMAS MORTON Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Billy R. Roe, Jr. John Knox Walkup Assistant District Attorney General & Reporter Public Defender 425 Fifth Avenue North 117 North Forrest Ave Nashville, TN 37243-0493 Camden, TN 38320 Clinton J. Morgan Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 G. Robert Radford District Attorney General 111 Church Street P. O. Box 686 Huntingdon, TN 38344-0686 Eleanor Cahill Assistant District Attorney General 111 Church Street P. O. Box 686 Huntingdon, TN 38344-0686 Judge:BEASLEY First Paragraph: The appellant, Robert Thomas Morton, was found guilty by a Carroll County jury of aggravated burglary, arson, and two counts of setting fire to personal property. In this appeal as of right, the appellant challenges the sufficiency of the convicting evidence. http://www.tba.org/tba_files/TCCA/mortonrt_opn.WP6
STATE OF TENNESSEE VS. WOODROW WILSON MOUNGER Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: BURKETT C. McINTURFF JOHN KNOX WALKUP Attorney at Law Attorney General & Reporter 132 Broad St. Kingsport, TN 37662 CLINTON J. MORGAN Counsel for the State Criminal Justice Division 425 Fifth Ave. North 2d Floor, Cordell Hull Bldg. Nashville, TN 37243-0493 H. GREELEY WELLS, JR. District Attorney General BARRY STAUBUS TERESA MURRAY SMITH Assistant District Attorney Generals 140 Blountville Bypass Box 526 Blountville, TN 37617-0526 Judge:WITT First Paragraph: The defendant, Woodrow Wilson Mounger, pleaded guilty in the Sullivan County Criminal Court to incest, a Class C felony, statutory rape, a Class E felony, and three counts of sexual battery, also Class E felonies. In accordance with the plea agreement, the defendant received an effective six-year sentence. After a sentencing hearing, the trial court denied the defendant's request for alternative sentencing and ordered him to serve his sentence in the Department of Correction. The defendant appeals pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure contending that the trial court erred by refusing to permit Dr. Thomas Schacht to testify at the sentencing hearing and by denying the defendant full probation or another form of alternative sentence. For the reasons discussed below, we reverse the judgment and remand the case to the trial court for a new sentencing hearing. http://www.tba.org/tba_files/TCCA/moungrw_opn.WP6
STATE OF TENNESSEE VS. JERRY WAYNE PATTERSON Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: GUY T. WILKINSON JOHN KNOX WALKUP District Public Defender Attorney General & Reporter W. JEFFREY FAGAN CLINTON J. MORGAN Assistant Public Defender Assistant Attorney General 117 North Forrest Avenue 2nd Floor, Cordell Hull Building Camden, TN 38320-0663 425 Fifth Avenue North Nashville, TN 37243 G. ROBERT RADFORD District Attorney General STEVEN L. GARRETT Assistant District Attorney General P.O. Box 94 Paris, TN 38242 Judge:WOODALL First Paragraph: Jerry Wayne Patterson, the Defendant, appeals as of right from his convictions in the Henry County Circuit Court. Following a jury trial, Defendant was found guilty of the offenses of burglary, criminal attempt to commit burglary, and theft of property less than five hundred dollars ($500.00). Defendant's only issue on appeal is whether the evidence was sufficient to justify a rational trier of fact finding guilt of these offenses beyond a reasonable doubt. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/pattrsnj_opn.WP6
STATE OF TENNESSEE VS. MICHAEL ALLEN PRICE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MICHAEL J. FLANAGAN JOHN KNOX WALKUP 95 White Bridge Rd #208 Attorney General and Reporter Nashville, TN 37205 KIM R. HELPER Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 DAN ALSOBROOKS District Attorney General ROBERT WILSON Assistant District Attorney General P.O. Box 580 Charlotte, TN 37036 Judge:WELLES First Paragraph: The Defendant, Michael Allen Price, pleaded guilty to one count of possession of LSD with intent to sell and one count of possession of marijuana with intent to sell. He reserved a certified question of law--whether sufficient articulable facts existed to justify a reasonable suspicion supporting an investigatory stop of Defendant's vehicle--which we now address. We conclude that the investigatory stop was based on specific and articulable facts such that the officer had reasonable suspicion that Defendant possessed illegal narcotics. http://www.tba.org/tba_files/TCCA/Pricema_opn.WP6
STATE OF TENNESSEE VS. RUSSELL BARNES Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: HARRIET S. THOMPSON JOHN KNOX WALKUP 106 East Market Street Attorney General & Reporter Bolivar, TN 38008 ELIZABETH T. RYAN Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 ROBERT "GUS" RADFORD District Attorney General JOHN W. OVERTON, JR. Assistant District Attorney General P.O. Box 484 Savannah, TN 38372 Judge:WILLIAMS First Paragraph: Russell Barnes appeals the denial of his request for alternative sentencing. The appellant pleaded guilty on March 30, 1998 to aggravated burglary committed on or about May 20, 1997 and was sentenced in accordance with his plea agreement to the range 1 minimum of three years, with the manner of service to be determined at a subsequent sentencing hearing. At that hearing, the trial court found that the appellant is not a suitable candidate for alternative sentencing and ordered confinement in the Tennessee Department of Corrections. The appellant's sole issue on this appeal is whether the trial court erred in denying alternative sentencing. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/rbarnes_opn.WP6
STATE OF TENNESSEE VS. LELAND RAY REEVES Court:TCCA Attorneys: For Appellant: For Appellee: John E. Herbison John Knox Walkup 2016 Eighth Avenue South Attorney General & Reporter Nashville, TN 37204 (on appeal) Timothy Behan Assistant Attorney General Jerry Hunt Criminal Justice Division East Main Street 2nd Floor, Cordell Hull Building Lebanon, TN 37087 425 Fifth Avenue North (at trial) Nashville, TN 37243-0493 John Wooten Assistant District Attorney General 203 Greentop Street P.O. Box 178 Hartsville, TN 37074 Judge:WADE First Paragraph: The defendant, Leland Ray Reeves, was convicted of four counts of statutory rape and one count of rape. The trial court imposed sentences as follows: Count Offense Sentence 1 statutory rape one year 2 statutory rape one year 3 rape eight years 4 statutory rape two years 5 statutory rape two years Count five is to be served consecutively to the remaining counts for an effective term of ten years. In this appeal of right, the defendant presents the following issues: (I) whether the evidence is sufficient to support the convictions; (II) whether venue has been established for the rape conviction; (III) whether the statutory rape convictions should be reversed and dismissed because the defendant was never indicted for those offenses; (IV) whether the statutory rape convictions are barred by the statute of limitations; (V) whether the trial court erred by denying the defendant's motion for a bill of particulars; (VI) whether the trial court erred by allowing the victim to testify on redirect about prior bad acts outside the time frame of the indictment; (VII) whether the trial court erred by admitting "fresh-complaint" statements made by the victim; (VIII) whether prosecutorial misconduct requires reversal; and (IX) whether the sentence is excessive. We affirm the rape conviction; we must, however, reverse and dismiss each of the four convictions for statutory rape. http://www.tba.org/tba_files/TCCA/Reeveslr_opn.WP6
WITH CONCURRING OPINION: http://www.tba.org/tba_files/TCCA/Reeveslr_con.WP6
AMI E. SMITH VS. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: Henry Clay Barry Paul G. Summers Attorney at Law Attorney General and Reporter 106 S. College Lebanon, TN 37087 Kim R. Helper Assistant Attorney General Criminal Justice Division 425 Fifth Avenue North 2d Floor, Cordell Hull Building Nashville, TN 37243-0493 Tom P. Thompson, Jr. District Attorney General Robert Hibbett Asst. District Attorney General 119 College Street Lebanon, TN 37087 Judge: HAYES First Paragraph: The appellant, Ami E. Smith, appeals the Wilson County Criminal Court's dismissal of her petition for post-conviction relief. The appellant collaterally attacks her conviction for incest upon the ground that Tenn. Code Ann. S 39-15-302 violates her state constitutional right to privacy. Accordingly, she argues Tennessee's incest statute is unconstitutional and her conviction for this offense is void. After review of the record, we affirm the trial court's denial of post-conviction relief. http://www.tba.org/tba_files/TCCA/Smithae_opn.WP6
STATE OF TENNESSEE VS. CHESLEY RANDELL THOMPSON Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: HUBERT PATTY JOHN KNOX WALKUP Attorney at Law Attorney General & Reporter P.O. Box 5449 Maryville, TN 37802 R. STEPHEN JOBE Assistant Attorney General Criminal Justice Division 425 Fifth Ave. North 2d Floor, Cordell Hull Bldg. Nashville, TN 37243-0493 MICHAEL L. FLYNN District Attorney General KIRK ANDREWS LISA McKENZIE Assistant District Attorneys General 363 Court St. Maryville, TN 37804 Judge:WITT First Paragraph: A jury in the Blount County Circuit Court convicted the defendant, Chesley Randell Thompson, of rape of child, a Class A felony. The trial court sentenced him to serve twenty-three years in the Department of Correction. In this direct appeal, the defendant raises numerous issues including the sufficiency of the evidence. After reviewing the record, the parties' briefs, and the applicable law, we affirm the defendant's conviction. However, because the trial court applied 1995 sentencing revisions to Tennessee Code Annotated section 40-35-210(c) to determine the defendant's sentence, we remanded the case to the trial court for resentencing. http://www.tba.org/tba_files/TCCA/Tompsnc_opn.WP6

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