IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs November 6, 2007 STATE OF TENNESSEE v. CHRISTOPHER CARNEY and ANTHONY MITCHELL Direct Appeal from the Circuit Court for Haywood County Nos. 5814, 5821, & 5844 Clayburn L. Peeples, Judge

No. W2007-00705-CCA-R3-CD - Filed April 8, 2008

JAMES CURWOOD WITT , JR., J., concurring.

I concur in the results but would have deferred to the trial court’s rationale for dismissing the indictments had it availed the State a prior opportunity to resist the dismissal.

JAMES CURWOOD WITT, JR., JUDGE