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STATE v. WHALEY

51 S.W.3d 568 (2000)

STATE of Tennessee v. Jeffrey Dwight WHALEY.

Court of Criminal Appeals of Tennessee, at Knoxville.

Application for Permission to Appeal Denied June 18, 2001.

Attorney(s) appearing for the Case

Paul G. Summers, Attorney General and Reporter; Mark A. Fulks, Assistant Attorney General; Randall Eugene Nichols, District Attorney General; Marsha Selecman and Rachel Eaton, Assistant District Attorneys General, for appellant, State of Tennessee.

Mark E. Stephens, District Public Defender; Jim D. Owen, and Paula R. Voss, Assistant District Public Defenders, Knoxville, TN, for appellee, Jeffrey Dwight Whaley.

Application for Permission to Appeal Denied by Supreme Court June 18, 2001.

OPINION

RILEY, J., delivered the opinion of the court, in which WADE, P.J., and WOODALL, J., joined.

The trial court dismissed defendant's DUI presentment, finding a denial of the right to a preliminary hearing. Upon the state's appeal, we find no evidence of bad faith by the state. Accordingly, we reverse and remand to the trial court for further proceedings consistent with...

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