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STATE v. LANE

3 S.W.3d 456 (1999)

STATE of Tennessee, Appellee, v. David Keith LANE, Appellant.

Supreme Court of Tennessee, at Knoxville.

September 27, 1999.

Attorney(s) appearing for the Case

Kenneth F. Irvine, Jr., Knoxville, for Appellant.

John Knox Walkup, Attorney General and Reporter, Michael E. Moore, Solicitor General, Timothy F. Behan, Assistant Attorney General, Nashville, Jerry N. Estes, District Attorney General, Athens, Rebble S. Johnson, Asst. District Attorney General, Cleveland, for Appellee.

OPINION

BIRCH, Justice.

We granted review in this case in order to resolve two sentencing issues. In the first, the defendant, David Keith Lane, contends that the trial court should have used the criteria set forth in State v. Wilkerson, 905 S.W.2d 933 (Tenn.1995), (rather than the provisions of Tenn.Code Ann. § 40-35-115(b)(5)(1997)) to determine whether to...

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