TINKER v. STATE


579 S.W.2d 905 (1979)

Billy C. TINKER, Appellant, v. STATE of Tennessee, Aileene Love, Warden, Deberry Correction Institute.

Court of Criminal Appeals of Tennessee.

February 2, 1979.


Attorney(s) appearing for the Case

W. Zane Daniel, Knoxville, for appellant.

William M. Leech, Jr., Atty. Gen., John C. Zimmermann, Asst. Atty. Gen., Nashville, Raymond Shirley, Asst. Dist. Atty. Gen., Sevierville, Al Schmutzer, Jr., Dist. Atty. Gen., Sevierville, for appellee.


OPINION

TATUM, Judge.

This is a post-conviction relief case in which the appellant, Billy C. Tinker, attacks the constitutionality of the trial judge's subjecting him to a second sentence increasing the first sentence for the same offense. The State concedes that the double jeopardy clause of the United States Constitution and the Tennessee Constitution bars the augmentation of a judgment in a criminal case which increases the defendant's original punishment...

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