STATE v. PRESTON


759 S.W.2d 647 (1988)

STATE of Tennessee, Appellee, v. David PRESTON, Appellant.

Supreme Court of Tennessee, at Nashville.

Petition to Rehear Denied October 24, 1988.


Attorney(s) appearing for the Case

W.J. Michael Cody, Atty. Gen. and Reporter, Charles E. Bush, Asst. Atty. Gen., Nashville, for appellee.

Lew Conner, R.E. Lee Davies, Waller, Lansden, Dortch & Davis, Nashville, for appellant.


OPINION

FONES, Justice.

The issue in this case is whether defendant, in pleading nolo contendere to a drug charge, explicitly reserved the right to appeal a certified question of law that was dispositive of the case, in accord with the requirements of Tenn.R.Crim.P. 37(b)(2)(i).1

The Court of Criminal Appeals held that defendant had failed to include any reference to the reservation...

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