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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON JUNE SESSION, 1998

FILED
Appellate C ourt Clerk

STATE OF TE NNE SSE E, Appellee,

VS. CHARLES GOLDEN, Appe llant.

) ) ) ) ) ) ) ) ) )

August 21, 1998 C.C.A. NO. 02C01-9709-CR-00362 Cecil Crowson, Jr.

SHELBY COUNTY HON. CHRIS CRAFT JUDGE (First-Degree Mu rder)

ON APPEAL FROM THE JUDGMENT OF THE CRIMINAL COURT OF SHELBY COUNTY

FOR THE APPELLANT: STEFFEN G. SCHREINER 369 N . Main Memphis, TN

FOR THE APPELLEE: JOHN KNOX WALKUP Attorney General and Reporter PETER M. COUGHLAN Assistant Attorney General 425 5th Avenu e North Nashville, TN 37243 WILLIAM L. GIBBONS District Attorney General PHILL IP GE RALD HAR RIS JERRY KITCHEN Assistants District Attorneys General Criminal Justice Complex, Suite 301 201 Poplar Street Memphis, TN 38103

OPINION FILED ________________________ CONVICTION AFFIRMED; REMANDED FOR RESENTENCING DAVID H. WELLES, JUDGE

OPINION
The Defendant, Charles Golde n, pursu ant to Te nness ee Ru le of App ellate Procedu re 3(b), appeals as of right his conviction of first-degree murder and sentence of life imprisonment without the poss ibility of parole. D efenda nt asserts five claims of error: (1) that Defendant could have been guilty of only seconddegree murder because he lacked the specific intent for first-degree murder; (2) that the cour t should h ave gran ted Defendant's requested jury instruction concerning his mental condition; (3) that the court improp erly instructed the jury concerning reasonable doubt; (4) that the co urt improperly instruc ted the jury concerning the unavailab ility of a defense of dures s; and (5) that the co urt impro perly instructed the jury concerning when Defendant would be eligible for release on parole if senten ced to life imprisonment. Although we affirm the conviction, we remand for resentencing due to the inaccuracy of the pa role eligibility jury instruc tion.

Defendant was indicted by th e Shelby C ounty Gran d Jury on October 31, 1996, on a charge of first-degree murder in violation of Tennessee Code Annotated

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