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STATE v. POOLE

945 S.W.2d 93 (1997)

STATE of Tennessee, Appellant/Appellee, v. Chad Douglas POOLE, Appellee/Appellant.

Supreme Court of Tennessee, at Jackson.

May 12, 1997.

Attorney(s) appearing for the Case

John Knox Walkup, Attorney General and Reporter, Michael E. Moore, Solicitor General, Kathy Morante, Deputy Attorney General, Nashville; Elizabeth Rice, District Attorney General, Jerry Norwood, Assistant District Attorney, Somerville (at Trial), for Appellant/Appellee.

Gary Antrican, Public Defender, Jeannie Kaess, Assistant Public Defender, Somerville; C. Michael Robbins, Assistant Public Defender (at Trial), for Appellee/Appellant.

OPINION

ANDERSON, Justice.

We granted this appeal to determine whether the trial court properly applied two enhancement factors — whether the victim was "particularly vulnerable,"1 and whether the victim was treated with "exceptional cruelty"2 — to increase the defendant's sentence.

The Court of Criminal Appeals decided that the trial court did not err by applying the "exceptionally...

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