STATE v. ALBERD


908 S.W.2d 414 (1995)

STATE of Tennessee, Appellee, v. Penny D. ALBERD, Appellant.

Court of Criminal Appeals of Tennessee, at Nashville.

June 28, 1995.


Attorney(s) appearing for the Case

Shipp R. Weems, District Public Defender, Carey J. Thompson, Assistant Public Defender, Charlotte, for the Appellant.

Charles W. Burson, Attorney General & Reporter, Ellen H. Pollack, Assistant Attorney General, Criminal Justice Division, Nashville, Dan M. Alsobrooks, District Attorney General, Suzanne Lockert, Asst. Dist. Attorney General, Charlotte, for the Appellee.


OPINION

SUMMERS, Judge.

The appellant, Penny D. Alberd, presents an interlocutory appeal pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure. The only issue for our review is whether the trial court erred in finding that the district attorney general in this case did not abuse his discretion. We respectfully find reversible error.

The appellant was charged with possession of marijuana with the intent to sell. Following her arraignment...

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