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STATE v. WHITE

No. M2009-00941-SC-R11-CD.

362 S.W.3d 559 (2012)

STATE of Tennessee v. Jason Lee WHITE.

Supreme Court of Tennessee, at Nashville.

March 9, 2012.

Attorney(s) appearing for the Case

Robert E. Cooper, Jr. , Attorney General and Reporter; Gordon W. Smith and Joseph F. Whalen , Associate Solicitors General; Rachel E. Willis , Assistant Attorney General; John W. Carney , District Attorney General; and Robert Nash , Assistant District Attorney General, for the appellant, State of Tennessee.

R. Lance Miller , Clarksville, Tennessee, for the appellee, Jason Lee White.

Kathy Morante , Nashville, Tennessee; William Crabtree , Knoxville, Tennessee; Garland Erguden , Memphis, Tennessee, for the Amicus Curiae, Tennessee District Attorneys General Conference.

Stephen Ross Johnson , Ann C. Short , and Wade V. Davies , Knoxville, Tennessee, and Aimee D. Solway , Nashville, Tennessee, for the Amicus Curiae, Tennessee Association of Criminal Defense Lawyers.

OPINION

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

After robbing a Clarksville restaurant, the defendant was indicted for burglary, aggravated robbery, and especially aggravated kidnapping. A jury convicted the defendant on all three counts, after which he filed a motion to set aside the conviction for especially aggravated kidnapping as violative...

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