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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE AUGUST 1997 SESSION

FILED
December 18, 1997 Cecil Crowson, Jr.
Appellate C ourt Clerk

BRUCE C. SLATER, Appellee, VS. STATE OF TENNESSEE, Appellant.

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C.C.A. # 03C01-9702-CR-00061 KNOX COUNTY

Hon. Richard M. Baumgartner, Judge (Post-Conviction--State Appeal)

For Appellee: Allen E. Schwartz 603 Main Street Suite 405 Knoxville, TN 37902 Aubrey Davis Assistant Public Defender 1209 Euclid Avenue Knoxville, TN 37921

For Appellant: John Knox Walkup Attorney General and Reporter Marvin E. Clements, Jr. Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 Marsha Selecman Assistant District Attorney General City-County Building, Suite 168 400 Main Street Knoxville, TN 37902-2405

OPINION FILED:__________________________

REVERSED AND REMANDED

GARY R. WADE, JUDGE

OPINION The state appeals from a judgment by the trial court reducing the sentence of petitioner, Bruce Slater. In 1987, the petitioner committed bank robbery. He was sentenced in 1991. The petitioner sought relief from the length of his sentence through the Post-Conviction Procedure Act. The primary issue presented for our review is whether the petitioner should have been sentenced under the 1982 Sentencing Act or the 1989 Sentencing Act. A secondary issue relates to procedure and jurisdiction. We reverse the judgment of the trial court and remand the cause for a recalculation of the sentence.

On May 26, 1991, the trial court sentenced the petitioner to a Range III, thirty-year sentence under the terms of the 1989 Criminal Code. Thereafter, the petitioner filed this petition alleging his counsel was ineffective for failing to ensure he was sentenced in accordance with law. At the conclusion of the evidentiary hearing, the trial court applied the 1989 Act and entered an order reducing the petitioner's sentence to Range III, fifteen years.

I Tennessee Code Annotated

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