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IN THE SUPREME COURT OF TENNESSEE
AT JACKSON
November 14, 2006 Session Heard at Memphis1

SHAUN HOOVER v. STATE OF TENNESSEE
Appeal by Permission from the Court of Criminal Appeals
Circuit Court for Lauderdale County
No. 5936 Joseph Walker III, Judge

No. W2005-01921-SC-R11-HC - Filed on January 23, 2007
We granted permission to appeal in this habeas corpus case to consider the legality of a sentence imposed pursuant to a plea agreement. The agreed sentence exceeds the maximum available term in the offender Range but does not exceed the maximum punishment authorized for the offense.  For the reasons explained herein, we conclude that the plea-bargained sentence is legal.  Thus, the judgment of the Court of Criminal Appeals dismissing the petition for writ of habeas corpus is affirmed.  

Tenn. R. App. P. 11; Judgment of the Court of Criminal Appeals Affirmed
WILLIAM M. BARKER, C.J., delivered the opinion of the court, in which JANICE M. HOLDER, CORNELIA A. CLARK and GARY R. WADE, JJ., and SHARON G. LEE, SP. J., joined.
Gary F. Antrician, District Public Defender, Somerville, Tennessee, for Appellant, Shaun Hoover.
Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; Gordon W. Smith, Associate Solicitor General; and Seth P. Kestner, Assistant Attorney General, Tennessee, for Appellee, State of Tennessee.
OPINION
I.  Background
The petitioner, Shaun Hoover (

Download HooversOPN.pdf

Tennessee Law