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STATE v. COOK

816 S.W.2d 322 (1991)

STATE of Tennessee, Appellee, v. Benedict Joseph COOK, III, Defendant-Appellant.

Supreme Court of Tennessee, at Nashville.

Rehearing Denied September 30, 1991.

Order on Motion November 12, 1991.

Attorney(s) appearing for the Case

David E. High, Nashville, for defendant-appellant.

John E. Herbison, Paul J. Morrow, Jr., Nashville, for amicus curiae.

Charles W. Burson, Atty. Gen. and Reporter, Donna J. Hixon Smith, Asst. Atty. Gen., David L. Cooper, Asst. Dist. Atty. Gen., for State-appellee.

OPINION

WILLIAM S. RUSSELL, Special Justice.

HISTORY OF THE CASE

Benedict Joseph Cook, III, was convicted of three counts of aggravated rape and two counts of aggravated sexual battery. The alleged victim was under thirteen years of age at the times of the sexual abuse.

Because of the age of the victim, the offenses were aggravated by definition and called for enhanced punishment without the necessity of the filing by the State under Rule...

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