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  5. 751 S.W.2d 828 (1988)
 

STATE v. BROBECK

751 S.W.2d 828 (1988)

STATE of Tennessee, Appellee/Appellant, v. Randolph Wayne BROBECK, Appellant/Appellee.

Supreme Court of Tennessee, at Knoxville.

May 2, 1988.

Attorney(s) appearing for the Case

W.J. Michael Cody, Atty. Gen. & Reporter, Kathy M. Principe, Asst. Atty. Gen., Nashville, for appellee/appellant.

J. Ronnie Greer, Melody Kranifeld Starr, Greeneville, for appellant/appellee.

Kenneth J. Ries, Neal & Harwell, Paul J. Morrow, Jr., Nashville, for amicus curiae Tennessee Ass'n of Criminal Defense Lawyers.

OPINION

FONES, Justice.

Defendant was convicted of felony murder and aggravated rape. He was sentenced to life imprisonment after the State withdrew its demand for the death penalty at the request of the victim's family. He received a concurrent sentence of forty years for the offense of aggravated rape. The Court of Criminal Appeals affirmed the felony murder conviction and reversed and dismissed the conviction for aggravated rape.

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