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STATE v. MONTGOMERY

623 S.W.2d 116 (1981)

STATE of Tennessee, Appellant, v. Lola MONTGOMERY, Appellee.

Court of Criminal Appeals of Tennessee, at Knoxville.

Permission to Appeal Denied September 21, 1981.

Attorney(s) appearing for the Case

William M. Leech, Jr., Atty. Gen., Robert L. Jolley, Jr., Sr. Asst. Atty. Gen., Nashville, John W. Gill, Jr., Asst. Dist. Atty. Gen., Knoxville, for appellant.

Ray E. Cate, Knoxville, for appellee.

Permission to Appeal Denied by Supreme Court September 21, 1981.

ORDER

WALKER, Presiding Judge.

This is the second time this pretrial diversion proceeding has been before this court. In both instances, the state has appealed as of right under Rule 3, T.R.A.P., from the trial court's holding that the district attorney general abused his discretion in denying pretrial diversion to the appellee, who was indicted for shoplifting merchandise over $100...

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