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STATE OF TENNESSEE v. TIMOTHY HINSON
ORDER
Upon consideration of the application for permission to appeal of Timothy Hinson and the record before us, the application is denied.
The opinion of the Court of Criminal Appeals is designated “Not For Citation” in accordance with Supreme Court Rule 4, § E, because of the following dicta on page six of the slip opinion:
If the CSAC prosecution is unsuccessful either at trial or appeal, the State cannot fall back on the sentences imposed for the predicate offenses counts, and the State is barred from further prosecution of the predicate offenses. This seems to be the consequences of the State's choosing to employ prosecution by CSAC as opposed to the traditional way of making an election of offenses based on the proof presented at trial.
Consistent with the directions of the Court of Criminal Appeals regarding entry of corrected judgment forms on remand in Counts 2, 3, 5, 7, 10, 11, 13, 14, 16, 17, 19 and 20, the trial court shall review and consider correcting the judgment form in Count 9.
PER CURIAM
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Docket No: No. W2021-00257-SC-R11-CD
Decided: October 20, 2022
Court: Supreme Court of Tennessee.
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