IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE JAMES DUBOSE v. STATE OF TENNESSEE, KEVIN MYERS, WARDEN Direct Appeal from the Circuit Court for Wayne County No. 13370 Jim T. Hamilton, Judge

No. M2004-01021-CCA-R3-HC - Filed November 9, 2004

ORDER The Appellant, James Dubose, has filed a petition to rehear in this case. The opinion of this Court, affirming the judgment of the trial court, was filed October 15, 2004. Upon review of the petition to rehear, we conclude that it should be denied.

It is therefore ordered that the petition to rehear is respectfully denied.

PER CURIAM Thomas T. Woodall, Judge David H. Welles, Judge Jerry L. Smith, Judge