Tennessee Supreme Court May 11, 1987 (State v. Gallaher)

OPINION

FONES, Justice.

The State pursued a T.R.A.P. 3 appeal to the Court of Criminal Appeals from the action of the trial judge in granting defendant’s pre-trial motion to strike from the indictment the allegation of a prior DUI conviction, thus changing the indictment from a second offense to a first offense DUI.