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STATE v. HOOPER

29 S.W.3d 1 (2000)

STATE of Tennessee v. Daryl HOOPER.

Supreme Court of Tennessee, at Nashville.

September 21, 2000.

Attorney(s) appearing for the Case

Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; Mark E. Davidson, Assistant Attorney General, Nashville, TN, for appellant, State of Tennessee.

William H. Farmer, Mark W. Peters, Nashville, TN, for appellee, Daryl Hooper.

OPINION

BARKER, J., delivered the opinion of the court, in which ANDERSON, C.J., and DROWOTA, BIRCH, and HOLDER, JJ., joined.

The single issue in this appeal is whether the proof introduced at the sentencing hearing is sufficient to support a denial of probation based solely upon the need for deterrence. The Court of Criminal Appeals initially affirmed the sentence and held that proof of deterrence was not...

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