IN THE SUPREME COURT OF TENNESSEE AT JACKSON (Heard at Memphis) FILED October 12, 1998 STATE OF TENNESSEE ) NO. 02S01-9711-CR-00094 ) Cecil Crowson, Jr. Appellate C ourt Clerk Appellee ) ) v. ) SHELBY COUNTY ) DEWAYNE B. BUTLER, ) FREDRICK D. BUTLER, and ) ERIC D. ALEXANDER ) (Interlocutory Appeal) ) Appellants. ) ) AFFIRMED

ORDER SUBSTITUTING OPINION AND JUDGMENT

It appearing to the Court that the original opinion in this case, filed

September 14, 1998, inadvertently stated that mitigating circumstances must be

proven beyond a reasonable doubt. Such a burden of proof is not required by the

provisions of Tennessee Code Annotated Sections 39-13-204(e)(1) and 39-13-207(d).

IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED that the

attached opinion and judgment be, and the same hereby is, substituted for the opinion

and judgment previously filed in this cause on September 14, 1998, without the further

taxing of costs.

PER CURIAM