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STATE v. MILLER

771 S.W.2d 401 (1989)

STATE of Tennessee, Appellee, v. David Earl MILLER, Appellant.

Supreme Court of Tennessee, at Knoxville.

Rehearing Denied June 19, 1989.

Attorney(s) appearing for the Case

Mark E. Olive, Tallahassee, Fla., Robert C. Edwards, Knoxville, for appellant.

W.J. Michael Cody, Atty. Gen. and Reporter, Debra K. Inglis, Asst. Atty. Gen., Nashville, for appellee.

OPINION

FONES, Justice.

This is a direct appeal from a resentencing hearing, ordered by this Court in State v. Miller, 674 S.W.2d 279 (Tenn. 1984), wherein his conviction of murder in the first degree was affirmed. The first sentencing hearing was reversed because the State introduced evidence that defendant had been twice arrested on charges of rape. Both charges were dismissed.

At the 1982 sentencing hearing...

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