IN THE SUPREME COURT OF TENNESSEE AT JACKSON

(HEARD AT MEMPHIS) FILED April 26, 1999

Cecil Crowson, Jr. Appellate Court Clerk FOR PUBLICATION Filed: April 26, 1999

BRYANT DEWAYNE MILLEN, ) ) Appellant, ) Shelby Criminal ) Vs. ) No. 02-S-01-9711-CR-00106 ) STATE OF TENNESSEE, ) ) Appellee. )

ORDER

The appellant, Bryant Dewayne Millen, through counsel, has filed a petition for

rehearing in this appeal pursuant to Tenn. R. App. P. 39(a). A motion to proceed as

amicus curiae and a brief in support of the appellant’s petition for rehearing has been

filed by the Tennessee Association of Criminal Defense Lawyers.

After due consideration, it is ORDERED that the petition and the motion to

proceed as amicus curiae is denied. It is further ORDERED, however, that the attached

opinion is hereby substituted for the opinion filed on February 16, 1999, without change

to the judgment already entered in this matter and without the further taxing of costs.

PER CURIAM