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STATE v. CLEVER

70 S.W.3d 771 (2001)

STATE of Tennessee v. Paul H. CLEVER.

Court of Criminal Appeals of Tennessee, at Jackson.

Application for Permission to Appeal Denied February 11, 2002.

Attorney(s) appearing for the Case

Bill Anderson, Jr., Memphis, TN, for appellant, Paul H. Clever.

Paul G. Summers, Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; William L. Gibbons, District Attorney General; and Jim Powell, Assistant District Attorney General, for appellee, State of Tennessee.

GLENN, J., delivered the opinion of the court, in which HAYES and RILEY, JJ., joined.

Application for Permission to Appeal Denied by Supreme Court February 11, 2002.

OPINION

GLENN, Judge.

The defendant pled guilty to driving under the influence and was sentenced as a multiple offender. In this appeal as of right, the defendant alleges that (1) the trial court erred in finding that he was a third offender for purposes of sentencing, and (2) the DUI sentencing statute is unconstitutional because it is vague and has an ex post facto...

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