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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT NASHVILLE
Assigned on Briefs July 20, 2004

STATE OF TENNESSEE v. LALON R. DAVENPORT
Direct Appeal from the Circuit Court for Rutherford County
No. 53941 James K. Clayton, Jr., Judge

No. M2003-02303-CCA-R3-CD - Filed October 8, 2004
The Defendant, Lalon R. Davenport, pled guilty to one count of violating the Motor Vehicle Habitual Offender Act.  Pursuant to Tennessee Rule of Criminal Procedure 37, the Defendant reserved as a certified question of law the issue of whether the three-year time period articulated in the Habitual Offender Act bars prosecution for violating the Act after the time period has expired. We conclude that such prosecution is not barred by the Act, and the judgment of the trial court is therefore affirmed.

Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Affirmed
ROBERT W. WEDEMEYER, J., delivered the opinion of the court, in which JOSEPH M. TIPTON and NORMA MCGEE OGLE, JJ., joined.
Gerald L. Melton and Russell (

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