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STATE v. NICHOLS

877 S.W.2d 722 (1994)

STATE of Tennessee, Appellee, v. Harold Wayne NICHOLS, Appellant.

Supreme Court of Tennessee, at Knoxville.

Order on Petition for Rehearing June 20, 1994.

Attorney(s) appearing for the Case

Hugh J. Moore, Jr., Rosemarie Bryan, Chattanooga, for appellant.

Charles W. Burson, Atty. Gen. & Reporter, Stan Lanzo, Dist. Atty. Gen., Chattanooga, for appellee.

OPINION

ANDERSON, Justice.

In this capital case, the defendant, Harold Wayne Nichols, pled guilty to first-degree felony murder and was sentenced by a jury to death. At the sentencing hearing, the jury found two aggravating circumstances: (1) Nichols' five previous convictions for aggravated rape and (2) the fact that the murder occurred during the commission of a felony. Tenn. Code Ann. § 39-13-204(i)(2) & (7). The jury found that the aggravating...

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