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  5. 980 S.W.2d 359 (1998)
 

STATE v. BUTLER

980 S.W.2d 359 (1998)

STATE of Tennessee, Appellee, v. Dewayne B. BUTLER, Fredrick D. Butler, and Eric D. Alexander, Appellants.

Supreme Court of Tennessee, at Jackson.

October 12, 1998.

Attorney(s) appearing for the Case

A.C. Wharton, Shelby County Public Defender, W. Mark Ward, Sherrye Brown, Assistant Public Defenders, Memphis, for Appellant Dewayne Butler.

Leslie I. Ballin, Mark A. Mesler, Memphis, for Appellant Fredrick Butler.

William Massey, Memphis, for Appellant Eric Alexander.

John Knox Walkup, Attorney General and Reporter, Michael E. Moore, Solicitor General, Kathy Morante, Deputy Attorney General, for Appellee.

OPINION

BARKER, Justice.

The sole issue in this interlocutory appeal is whether the State may rely upon the felony murder aggravating circumstance when seeking a sentence of life without the possibility of parole for defendants charged with felony murder.1 We hold that there are no constitutional or statutory prohibitions and accordingly affirm the judgment of the Court of Criminal Appeals.

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