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STATE v. BUTLER

795 S.W.2d 680 (1990)

STATE of Tennessee, Appellee, v. Charles Aaron BUTLER, and James E. Riggins, Appellants.

Court of Criminal Appeals of Tennessee, at Knoxville.

Permission to Appeal Denied June 11, 1990.

Attorney(s) appearing for the Case

Mark G. Rothberger (at trial and on appeal), Chattanooga, for appellant Riggins.

Timothy Deere (at trial), John McCarthy (at trial), Larry Campbell (at trial), Randall L. Russell (on appeal only), Jerry H. Summers (on appeal only), Chattanooga, for appellant Butler.

Charles W. Burson, Atty. Gen. and Reporter, C. Anthony Daughtrey, Asst. Atty. Gen., Nashville, Gary D. Gerbitz, Dist. Atty. Gen., Stephen M. Bevil, Jerry S. Sloan, Asst. Dist. Attys. Gen., Chattanooga, for State of Tenn.

Permission to Appeal Denied by Supreme Court June 11, 1990.

OPINION

WADE, Judge.

The defendant, Charles Aaron Butler, was convicted of the following offenses for which he received an effective Range II sentence of 80 years:

(1) aggravated assault, an especially aggravated offense; as a persistent offender, he received a Range II sentence of 10 years; (2) first degree burglary while using...

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