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STATE v. WALTON

958 S.W.2d 724 (1997)

STATE of Tennessee, Appellee, v. David E. WALTON, Jr., Appellant.

Supreme Court of Tennessee.

December 22, 1997.

Attorney(s) appearing for the Case

W. Mark Ward, Memphis, for Appellant.

John Knox Walkup, Attorney General and Reporter, Michael E. Moore, Solicitor General, Nashville, Clayburn L. Peeples, District Attorney General, Trenton, for Appellee.

OPINION

BIRCH, Justice.

We granted the application for review filed by David E. Walton, Jr., the defendant, in order to address issues pertinent to the sentences imposed. In our review, however, we notice as plain error the failure of the State to properly elect offenses,1 which resulted in violation of the defendant's right to jury unanimity. Accordingly, for the reasons outlined below, we reverse the convictions and...

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