STATE v. KENDRICK


38 S.W.3d 566 (2001)

STATE of Tennessee v. Antonio KENDRICK.

Supreme Court of Tennessee, at Jackson.

March 1, 2001.


Attorney(s) appearing for the Case

Pamela J. Drewery-Rodgers, Jackson, TN, and Joseph S. Ozment, Memphis, TN, for the appellant, Antonio Kendrick.

Paul G. Summers, Attorney General and Reporter; Marvin E. Clements, Jr., Assistant Attorney General; William L. Gibbons, District Attorney General; and Perry Hayes, Assistant District Attorney General, for the appellee, State of Tennessee.


OPINION

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

We granted this appeal to determine whether the prosecution's failure to elect the particular offense of aggravated rape upon which it sought to convict the defendant constituted plain error and required a new trial. The main purpose of the election requirement is to preserve a defendant's right to a unanimous jury verdict under the Tennessee...

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