STATE v. PERSON (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 is reversed. It is further ordered that this case is remanded to the trial court with instructions to resentence the defendant as a motor vehicle habitual offender in accordance with State v. Deberry.

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

PER CURIAM