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STATE v. PETERSON

777 S.W.2d 351 (1989)

STATE of Tennessee, Appellant, v. Clare E. PETERSON, Appellee.

Supreme Court of Tennessee, at Knoxville.

September 25, 1989.

Attorney(s) appearing for the Case

Charles W. Burson, Atty. Gen. and Reporter, Janice Bossing, Asst. Atty. Gen., Nashville, Charles E. Hawk, Dist. Atty. Gen., Kingston, for appellant.

J. Scott McCluen, Harriman, for appellee.

OPINION

O'BRIEN, Justice.

The trial court granted probation to the defendant in this case. The Court of Criminal Appeals affirmed and the State has appealed. Application to appeal was granted by this Court because of an apparent diversity of opinion at the intermediate appellate level relative to the application of T.C.A. § 40-35-402(d) to appeals by the State.

The issues presented for review here are:

(1) Should the appellate courts...

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