STEELMAN, Judge.
Assault is not a lesser included offense of the crime of misdemeanor sexual battery.
I. Factual and Procedural Background
In August 2006, Jessica Head (Jessica) enrolled in the carpentry program at Forsyth Technical Community College (Forsyth Tech). A member of her class was Wesley Tyler Corbett (defendant). Defendant sat directly behind Jessica in class. Defendant would grunt, groan, and talk to himself during class.
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