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STATE v. TESTER

879 S.W.2d 823 (1994)

STATE of Tennessee, Appellant, v. Paul Douglas TESTER, Appellee.

Supreme Court of Tennessee, at Knoxville.

June 20, 1994.

Attorney(s) appearing for the Case

Charles W. Burson, Atty. Gen. and Reporter, and Kimbra R. Spann, Asst. Atty. Gen., Nashville, for appellant.

James S. Roach, Johnson City, for appellee.

OPINION

ANDERSON, Justice.

In this direct appeal, we are asked to determine the constitutionality of a general law1 with limited application which allows persons convicted of second offense driving under the influence of a drug or intoxicant to serve the mandatory 45-day jail sentence in a work release program. It applies only to three counties — Davidson and Moore, because they have metropolitan governments, and...

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