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STATE v. BURTON

751 S.W.2d 440 (1988)

STATE of Tennessee, Appellee, v. Frank Daniel BURTON, Sr., David Kenneth Burton, and Robert Kenneth Jones, Appellants.

Court of Criminal Appeals of Tennessee, at Nashville.

Permission to Appeal Denied May 2, 1988.

Attorney(s) appearing for the Case

David Bass, Carthage, for Frank Daniel Burton, Sr.

James B. Dance, Carthage, for David Kenneth Burton.

Randy Wakefield, Carthage, for Kenneth Hayes.

W.J. Michael Cody, Atty. Gen. & Reporter, Marian Nabors Banks, Asst. Atty. Gen., Nashville, Tom P. Thompson, Dist. Atty. Gen., Hartsville, Connie Robertson, Asst. Dist. Atty. Gen., Lebanon, John Wooten, Asst. Dist. Atty. Gen., Hartsville, for appellee.

Permission to Appeal Denied by Supreme Court May 2, 1988.

OPINION

JONES, Judge.

The defendants, Frank Daniel Burton, Sr., David Kenneth Burton, and Kenneth Hayes, were convicted of two counts of robbery with a deadly weapon by a jury of their peers. The trial court sentenced the defendant Frank Daniel Burton, Sr., to confinement in the Department of Correction for a period of fifteen (15) years in each case as a Range I especially mitigated offender...

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