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STATE v. KELLEY

34 S.W.3d 471 (2000)

STATE of Tennessee, Appellee, v. Evay Markel KELLEY, Appellant.

Court of Criminal Appeals of Tennessee, at Knoxville.

Application for Permission to Appeal Denied November 20, 2000.

Attorney(s) appearing for the Case

Martin J. Levitt and Lloyd A. Levitt, at trial, Ardena J. Garth, District Public Defender and Donna Robins Miller, Assistant Public Defender, on appeal, Chattanooga, TN, for appellant.

Paul G. Summers, Attorney General of Tennessee and Clinton J. Morgan, Counsel for the State, Nashville, TN; William H. Cox, III, District Attorney General and Yolanda D. Mitchell, Assistant District Attorney, Chattanooga, TN, for appellee.

Application for Permission to Appeal Denied by Supreme Court November 20, 2000.

OPINION

JOSEPH M. TIPTON, Judge.

The defendant, Evay Markel Kelley, appeals as of right from his conviction by a jury in the Hamilton County Criminal Court for second degree murder, a Class A felony. The trial court sentenced the defendant to twenty-five years in the Department of Correction without parole pursuant to...

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