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STATE v. STINNETT

958 S.W.2d 329 (1997)

STATE of Tennessee, Appellee, v. Gary STINNETT, Appellant.

Supreme Court of Tennessee, at Knoxville.

November 17, 1997.

Attorney(s) appearing for the Case

F.D. Gibson, III, Maryville, for Appellant.

John Knox Walkup, Attorney General and Reporter, Michael E. Moore, Solicitor General, Gordon W. Smith, Associate Solicitor General, Nashville, Alfred C. Schmutzer, Jr., District Attorney General, G. Scott Green, Assistant District Attorney General, Sevierville, for Appellee.

OPINION

BIRCH, Justice.

The defendant, Gary Stinnett, was tried on a charge of aggravated rape1 of his stepdaughter.2 A jury convicted him of aggravated sexual battery,3 a lesser-included offense, and the trial court sentenced him to twelve years in the Department of Correction. On direct appeal, the Court of Criminal Appeals affirmed the conviction and reduced...

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