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STATE v. SWIFT

No. W2007-00673-SC-R11-CD.

308 S.W.3d 827 (2010)

STATE of Tennessee v. Kevin SWIFT.

Supreme Court of Tennessee, at Jackson.

March 25, 2010.

Attorney(s) appearing for the Case

Nathan A. Bicks and C. Farris DeBoard, Memphis, Tennessee, for the appellant, Kevin Swift.

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; and J. Ross Dyer, Assistant Attorney General, for the appellee, the State of Tennessee.

OPINION

JANICE M. HOLDER, C.J., delivered the opinion of the Court, in which CORNELIA A. CLARK, GARY R. WADE, WILLIAM C. KOCH, JR., and SHARON G. LEE, JJ., joined.

We granted appeal in this case to clarify whether the location of the use of violence or fear is relevant in distinguishing theft from robbery. We hold that the temporal proximity between the taking of property and the use of violence or fear is the sole relevant factor. Applying this analysis...

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