STATE v. CARTER (2022)

ORDER

Upon consideration of the application for permission to appeal of the State of Tennessee and the record before us, the application is summarily granted. In light of this Court's decision in State v. Deberry, No. W2019-01666-SC-R11-CD, ––– S.W.3d ––––, 2022 WL 3725314 (Tenn. Aug. 30, 2022), it is hereby ordered that the judgment of the Court of Criminal Appeals reversing the judgment of the trial court in Count One is reversed. It is further ordered that the trial court's original judgment as to the defendant's conviction in Count One for driving as a motor vehicle habitual offender should be reinstated.

Because it appears that the defendant is indigent, the costs of the appeal are taxed to the State of Tennessee.

PER CURIAM