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STATE v. MIDDLEBROOKS

995 S.W.2d 550 (1999)

STATE of Tennessee, Appellee, v. Donald Ray MIDDLEBROOKS, Appellant.

Supreme Court of Tennessee, at Nashville.

July 6, 1999.

Attorney(s) appearing for the Case

Lionel R. Barrett, Jr., Nashville, Tennessee, Richard McGee, Nashville, Tennessee, for Appellant.

John Knox Walkup, Attorney General & Reporter, Michael E. Moore, Solicitor General, Kathy Morante, Deputy Attorney General, Nashville, Tennessee, At Trial: Victor S. Johnson III, District Attorney General, Roger D. Moore, Assistant District Attorney General, John C. Zimmerman, Assistant District Attorney General, Nashville, Tennessee, for Appellee.

OPINION

ANDERSON, Chief Justice.

This case is before us for automatic review of the Court of Criminal Appeals' affirmance of a death sentence imposed upon Donald Ray Middlebrooks in a Davidson County resentencing hearing for first degree murder.1

Middlebrooks initially was convicted of felony murder and sentenced to death based on the jury's finding that evidence of two aggravating...

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