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STATE v. DAVIS

No. M2006-00198-SC-R11-CD.

266 S.W.3d 896 (2008)

STATE of Tennessee v. Phedrek T. DAVIS.

Supreme Court of Tennessee, at Nashville.

October 17, 2008.

Attorney(s) appearing for the Case

Kathleen G. Morris and Anne M. Davenport, Nashville, TN, for the appellant, Phedrek T. Davis.

Robert E. Cooper, Jr., Attorney General & Reporter; Michael E. Moore, Solicitor General; Rachel E. Willis, Assistant Attorney General; Victor S. Johnson III, District Attorney General; Renee Erb, Assistant District Attorney General, for the appellee, State of Tennessee.

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

OPINION

We granted the Defendant's request for permission to appeal to address the propriety of jury instructions requiring the jury to reach a unanimous decision to acquit of a greater offense before considering a lesser-included offense. We hold that such jury instructions are proper and do not violate the Defendant's right to trial by jury. We also hold that the trial court's imposition of consecutive sentences...

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