STATE v. DOUGLAS (2023)

ORDER

Upon consideration of the application for permission to appeal of LaVonte Lamar Douglas, the supplemental briefs filed by the parties in response to this Court's December 7, 2022 Order requesting that the parties address the impact, if any, of State v. Tyshon Booker, 656 S.W.3d 49, 52–54 (Tenn. 2022), on this appeal, and the entire record in this cause, the application for permission to appeal is DENIED.

Nevertheless, this matter is remanded to the trial court for correction of a clerical error pursuant to Tenn. R. Crim. P. 36. The clerical error consists of a check mark in the box next to “§ 40-35-501(i) 100%” on Mr. Douglas's judgment document. This box should not be checked where, as here, the conviction offense is first-degree murder; rather, only the box for first-degree murder should be checked. Accordingly, this matter is remanded to the trial court with instructions to correct this clerical error.

PER CURIAM