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EVANS v. STATE

571 S.W.2d 283 (1978)

Donald Ray EVANS, Petitioner, v. STATE of Tennessee, Respondent.

Supreme Court of Tennessee.

September 11, 1978.

Attorney(s) appearing for the Case

Jack M. Rudolph, Clarksville, for petitioner.

William O. Kelly, Asst. Atty. Gen., Brooks McLemore, Jr., Atty. Gen., Nashville, for respondent.

OPINION

COOPER, Justice.

Petitioner, Donald Ray Evans, was convicted of first degree burglary, with the punishment for that crime being fixed by the jury at five to ten years in the penitentiary. The punishment was enhanced to life imprisonment under the provisions of T.C.A. § 40-2801 et seq. upon the jury's finding that the petitioner was an habitual criminal. On appeal, the Court of Criminal Appeals affirmed the judgment. We granted certiorari to...

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