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EDWARDS v. STATE

No. M2006-01043-SC-R11-HC.

269 S.W.3d 915 (2008)

Michael Dwayne EDWARDS v. STATE of Tennessee, Wayne Brandon, Warden.

Supreme Court of Tennessee, at Nashville.

September 18, 2008.

Attorney(s) appearing for the Case

Robert E. Cooper, Jr., Attorney General & Reporter; Michael E. Moore, Solicitor General; and Leslie E. Price, Assistant Attorney General, for the Appellant, State of Tennessee, Wayne Brandon, Warden.

Dana Dye, Centerville, Tennessee, for the Appellee, Michael Dwayne Edwards.

WILLIAM M. BARKER, C.J., delivered the opinion of the court, in which CORNELIA A. CLARK, and WILLIAM C. KOCH, JR., JJ., joined. GARY R. WADE, J., filed a dissenting opinion, in which JANICE M. HOLDER, J., joined.

OPINION

We granted the State's application for permission to appeal to consider whether the Court of Criminal Appeals erred in remanding this habeas corpus case to the trial court for a hearing on Michael Dwayne Edward's claim that his sentence is illegal. After careful consideration we conclude that, even assuming the trial court erroneously classified Edwards as a persistent offender for sentencing, this non-jurisdictional error renders the judgment voidable,...

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