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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT JACKSON
Assigned on Briefs September 14, 2004

STATE OF TENNESSEE v. LAMAR ROSS
Direct Appeal from the Criminal Court for Shelby County
No. 02-08113 Joseph B. Dailey, Judge

No. W2003-02823-CCA-R3-CD  - Filed November 22, 2004
The defendant, Lamar Ross, was indicted by the Shelby County Grand Jury on two counts of aggravated rape, a Class A felony, under alternate theories, for one offense.  Following a jury trial, he was convicted of both counts, which were merged into a single judgment of conviction, and sentenced by the trial court as a Range I, violent offender to twenty-four years in the Department of Correction.  In a timely appeal to this court, he challenges the sufficiency of the evidence and the sentencing imposed.  Based on our review, we modify the conviction in Count 2 to rape, a Class B felony, in accordance with the offense with which the defendant was charged.  Further, we conclude that two of the four enhancement factors are inapplicable, in light of the United States Supreme Court

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