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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE
Assigned on Briefs May 21, 2003 STATE OF TENNESSEE v. CORTLAND KESHIRA CATES
Direct Appeal from the Criminal Court for Knox County No. 73799 William R. Holt, Jr., Judge By Designation

No. E2002-02249-CCA-R3-CD June 6, 2003 The defendant, Cortland Keshira Cates, pled guilty to two counts of rape. The trial court sentenced him to eight years' incarceration for each count, to be served concurrently. On appeal, the defendant contends the trial court erred in denying probation. We affirm the judgments of the trial court. Tenn. R. App. P. 3 Appeal as of Right; Judgments of the Criminal Court Affirmed JOE G. RILEY, J., delivered the opinion of the court, in which THOMAS T. WOODA LL and JAMES CURWOOD WITT, JR., JJ., joined. Mark E. Stephens, District Public Defender; and Robert C. Edwards, Assistant District Public Defender, for the appellant, Cortland Keshira Cates. Paul G. Summers, Attorney General and Reporter; Braden H. Boucek, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Philip H. Morton, Assistant District Attorney General, for the appellee, State of Tennessee. OPINION The defendant was originally indicted for one count of aggravated rape through digital penetration and one count of aggravated rape through penile penetration. The victim was the same person in each count. The defendant pled guilty to two counts of rape as lesser-included offenses. Because the guilty plea transcript and the presentence report are not in the record and there was no testimony at the sentencing hearing concerning the offenses, we know nothing about the facts surrounding the convictions. The trial court imposed concurrent sentences of eight years' incarceration for each conviction. I. SENTENCING HEARING The only witness who testified at the sentencing hearing was Beverly Hines, the defendant's fianc

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Tennessee Law