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STATE v. SULLIVAN

644 S.W.2d 429 (1982)

STATE of Tennessee, Appellant, v. Ben SULLIVAN, Jr., Appellee.

Court of Criminal Appeals of Tennessee, at Nashville.

Permission to Appeal Denied December 13, 1982.

Attorney(s) appearing for the Case

David M. Himmelreich, Asst. Atty. Gen., Robert Strong, Asst. Dist. Atty. Gen., Nashville, for appellant.

William Douglas Love, Nashville, for appellee.

Permission to Appeal Denied by Supreme Court December 13, 1982.

OPINION

DAUGHTREY, Judge.

The State appeals from a ruling of the trial court dismissing a habitual criminal charge against the defendant on the ground that one of the convictions alleged in the recidivist count was, in effect, too remote to demonstrate "habituality." We find nothing in the code to support this ruling, and we therefore reverse the judgment below.

The defendant...

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