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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE
FILED
December 23, 1997 Cecil Crowson, Jr.
STATE OF TENNESSEE, )
Appellate C ourt Clerk
)
v. BENNY SLUDER,  APPELLEE, APPELLANT.  ) ) ) ) ) ) ) ) ) ) )  No. 03-C-01-9509-CC-00272 Morgan County E. Eugene Eblen , Judge (Sentencing)  
FOR THE APPELLANT:  FOR THE APPELLEE:  
Walter B. Johnson, II Assistant Public Defender P.O. Box 334 Harriman, TN 37748-0334  John Knox Walkup Attorney General & Reporter 500 Charlotte Avenue Nashville, TN 37243-0497  
OF COUNSEL: Joe H. Walker District Public Defender P.O. Box 334 Harriman, TN 37748-0334  Eugene J. Honea Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 Charles E . Hawk District Attorney General P.O. Box 703 Kingston, TN 37763-0703  
Frank A. Harvey Assistant District Attorney General P.O. Box 703 Kingston, TN 37763-0703  

OPINION FILED:____________________________ AFFIRMED Joe B. Jones, Pre siding Judge


O P I N I O N

This court previousl y rendered an opinion in this case.  The opinion was filed in Knoxville on February 12, 1997.  The appellant, Benny Sluder (defendant), filed a Rule 11, Tennessee Rules of Appellate Procedure, application for permission to appeal in the supreme court.  The application was granted and the cause remanded to this court with instructions to consider whether the trial court properly ordered the defendant to serve his sentence consecutively to the sentence he was serving when he committed the offense. After a thorough examination of the record, the briefs of the parties, and the law governing the issue presented for review, it is the opinion of this court that the judgment of the trial court should be affirmed.
The defendant entered a plea of guilty to possessing marijuana while an inmate in a correctional institution.  Tenn. Code Ann.

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