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BRIMMER v. STATE

29 S.W.3d 497 (1998)

David Allen BRIMMER, Appellant, v. STATE of Tennessee, Appellee.

Court of Criminal Appeals of Tennessee, at Knoxville.

September 15, 1998.

Attorney(s) appearing for the Case

W. Thomas Dillard, Ritchie, Fels & Dillard, P.C., Knoxville, for Appellant.

John Knox Walkup, Attorney General and Reporter, Michael E. Moore, Solicitor General, Darian B. Taylor, Assistant Attorney General, Criminal Justice Division, Nashville, Jan Hicks, Assistant District Attorney General, Clinton, for Appellee.

No Permission to Appeal Applied for to the Supreme Court.

OPINION

GARY R. WADE, Judge.

The petitioner, David Allen Brimmer, was convicted of first degree murder on March 1, 1991. A jury imposed the death penalty based upon a single aggravating circumstance: that the petitioner was engaged in the commission of a robbery at the time of the crime. Tenn.Code Ann.

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