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STATE v. LANGSTON

708 S.W.2d 830 (1986)

STATE of Tennessee, Plaintiff-Appellee, v. Wanda Gail LANGSTON, Defendant-Appellant.

Supreme Court of Tennessee, at Knoxville.

April 28, 1986.

Attorney(s) appearing for the Case

Jerrold L. Becker, Knoxville, for defendant-appellant.

Kathy Principe, Asst. Atty. Gen., Nashville (W.J. Michael Cody, Atty. Gen., of counsel), for plaintiff-appellee.

OPINION

BROCK, Chief Justice.

In this criminal case the trial court granted probation to the defendant but the Court of Criminal Appeals in a 2 to 1 decision reversed the judgment of the trial court granting probation and held that the defendant was not eligible to be considered for probation under the controlling statute, T.C.A., § 40-35-303(a), which provides:

"A defendant shall be eligible for probation under the provisions of this chapter...

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