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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT KNOXVILLE
May 20, 2003 Session

STATE OF TENNESSEE v. HOWARD DUTY, JR.
Appeal from the Criminal Court for Sullivan County
No. S45,840 R. Jerry Beck, Judge

No. E2002-01772-CCA-R3-CD
December 23, 2003

Convicted by a jury of assault and aggravated stalking, the defendant, Howard Duty, Jr., appeals. In addition to claiming that his convictions are not supported by sufficient evidence, he claims it was error for the trial court to enhance a charge of misdemeanor stalking to the felony of felony stalking. The lower court imposed the felony stalking conviction based upon a previous  conviction of stalking that was adjudicated after the commission of the offense in the present case.  Based upon our review, we conclude that sufficient evidence supports the stalking conviction; however, the aggravation of the stalking offense to a felony was improper.  Thus, the lower court

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