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STATE v. PETTUS

986 S.W.2d 540 (1999)

STATE of Tennessee, Appellee, v. Jabbaul PETTUS, Appellant.

Supreme Court of Tennessee, at Nashville.

January 25, 1999.

Attorney(s) appearing for the Case

Michael R. Jones, Clarksville, TN, for Appellant.

John Knox Walkup, Attorney General and Reporter, Michael E. Moore, Solicitor General, Lisa A. Naylor, Assistant Attorney General, Nashville, TN, John Wesley Carney, Jr. District Attorney General, William M. Cloud, Jr., Assistant District Attorney General, Clarksville, TN, for Appellee.

OPINION

BIRCH, J.

Jabbaul Pettus, the appellant, pleaded guilty to the unlawful possession of a Schedule II substance (cocaine) with intent to sell.1 Omitted from the indictment, however, was any reference to the amount of substance possessed.2 This omission notwithstanding, the offense was treated as a Class B felony and Pettus acquiesced in an eight-year sentence to community corrections—...

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