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  5. 840 S.W.2d 317 (1992)
 

STATE v. MIDDLEBROOKS

840 S.W.2d 317 (1992)

STATE of Tennessee, Plaintiff/Appellee, v. Donald Ray MIDDLEBROOKS, Defendant/Appellant.

Supreme Court of Tennessee, at Nashville.

September 8, 1992.

Attorney(s) appearing for the Case

Lionel R. Barrett, Jr., Richard McGee, Paul G. Whetstone, Nashville, for defendant-appellant.

Charles W. Burson, Atty. Gen. & Reporter and Kathy M. Principe, Asst. Atty. Gen., Nashville, for plaintiff-appellee.

OPINION

ANDERSON, Justice.

In this capital case, the defendant, Donald Ray Middlebrooks, was found guilty of first-degree felony murder and aggravated kidnapping, but found not guilty of premeditated first-degree murder, armed robbery, and aggravated sexual battery. In the sentencing hearing, the jury found two aggravating circumstances: (1) that the murder was heinous, atrocious or cruel in that it involved torture; and (2) that it was committed while defendant...

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