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STATE v. SMITH

910 S.W.2d 457 (1995)

STATE of Tennessee, Appellee, v. Henry SMITH, Appellant.

Court of Criminal Appeals of Tennessee, at Knoxville.

Certiorari Denied July 3, 1995.

Attorney(s) appearing for the Case

Martha Yoakum, Public Defender, Tazewell (on appeal), Charlie Allen, Jr., Oneida, Charles Herman, Asst. Public Defenders, Tazewell, (at trial), for appellant.

Charles W. Burson, Attorney General & Reporter, Jennifer L. Smith, Asst. Attorney General, Nashville, William Paul Phillips, District Attorney General, Huntsville, Shayne Sexton, Asst. District Attorney General, Tazewell, for appellee.

OPINION

PEAY, Judge.

On December 16, 1992, the defendant entered a nolo contendere plea to rape.1 Following a sentencing hearing, the trial judge sentenced the defendant as a Range I standard offender and imposed a twelve-year sentence, the maximum within the range.

In this appeal as of right the defendant raises four issues for review. First, he claims that the trial court erred by applying the gratification enhancement...

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