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STATE v. ROE

No. 177.

612 S.W.2d 192 (1980)

STATE of Tennessee, Appellee, v. Robert Clay ROE, Jr., Appellant.

Court of Criminal Appeals of Tennessee, at Knoxville.

Permission to Appeal Denied February 23, 1981.

Attorney(s) appearing for the Case

William M. Leech, Jr., Atty. Gen., William W. Hunt, III, Asst. Atty. Gen., Nashville, Richard A. Fisher, Dist. Atty. Gen., Cleveland, for appellee.

John H. Dinwiddie, Cleveland, for appellant.

Permission to Appeal Denied by Supreme Court February 23, 1981.

OPINION

CORNELIUS, Judge.

Robert Clay Roe, Jr., appeals as of right from his convictions by a Bradley County jury. Roe was tried upon a three count indictment charging burglary in the third degree, grand larceny and joy riding. He was acquitted of the larceny count. He was convicted of third degree burglary and sentenced to not less than three nor more

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