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State v. Davis3/22/1999
grade offense nor a lesser included offense of sexual battery. State v. Cleveland, 959 S.W.2d 548, 554 n.5 (Tenn. 1997). In consequence, it was not error for the trial court to refuse to instruct the jury on that offense.
Accordingly, the judgment is of the trial court is affirmed.
Gary R. Wade, Presiding Judge
CONCUR:
Thomas T. Woodall, Judge
John Everett Williams, Judge
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