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WHEELER v. TENNESSEE DEPT. OF CORRECTION

36 S.W.3d 824 (2000)

Donnie Franklin WHEELER, Petitioner/Appellant, v. TENNESSEE DEPARTMENT OF CORRECTION, Respondent/Appellee.

Court of Appeals of Tennessee, Middle Section, at Nashville.

Permission to Appeal Denied December 11, 2000.

Attorney(s) appearing for the Case

Michael J. Passino, Nashville, TN, for petitioner/appellant.

Paul G. Summers, Attorney General & Reporter, John R. Miles, Nashville, TN, for respondent/appellee.

Permission to Appeal Denied by Supreme Court December 11, 2000.

OPINION

BEN H. CANTRELL, Presiding Judge, M.S.

A prisoner sentenced to life imprisonment for armed robbery escaped from custody and subsequently committed two felonies. After he was recaptured, the Department of Correction declared that he would have to serve the remainder of his life sentence without parole, in accordance with the provisions of Tenn.Code.Ann. § 40-28-123...

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