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STATE v. BURNS

777 S.W.2d 355 (1989)

STATE of Tennessee, Appellee, v. Frank Edward BURNS, and Benjamin Anthony Burns, Appellants.

Court of Criminal Appeals of Tennessee, at Knoxville.

April 12, 1989.

Attorney(s) appearing for the Case

Kathleen J. McGrath, Knoxville, for Benjamin Anthony Burns.

Nicholas D. Bunstine, Knoxville, for Frank Edward Burns.

Charles W. Burson, Atty. Gen. and Reporter, Miriam Nabors Banks, Asst. Atty. Gen., Nashville, David C. Jennings, Asst. Dist. Atty. Gen., Knoxville, for State.

OPINION

WADE, Judge.

Benjamin Anthony Burns and Frank Edward Burns appeal from their convictions for second degree burglary and grand larceny. Each defendant was sentenced as a Range II persistent offender to concurrent terms of 15 and 10 years, respectively. The sentences are consecutive to sentences imposed for prior convictions.

Benjamin Anthony Burns attacks (1) the sufficiency of the evidence and (2) the in-court identification by a police officer...

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