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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE DECEMBER 1997 SESSION

FILED
May 21, 1998 Cecil W. Crowson Appellate Court Clerk

STATE OF TENNESSEE, Appellee V. WILBERT HELLER, Appellant.

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No. 01C01-9701-CC-00034

MARSHALL COUNTY HON. CHARLES LEE, JUDGE (Sentencing)

For the Appellant: Robert Lee Marlow Thomas A. Davidson 107-C West Commerce Street Lewisburg, TN 37091

For the Appellee: John Knox Walkup Attorney General and Reporter Karen M. Yacuzzo Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493

W. Michael McCown District Attorney General Weakley E. Barnard Assistant District Attorney Marshall County Courthouse Lewisburg, TN 37091

OPINION FILED: ___________________

AFFIRMED

William M. Barker, Judge

OPINION

The appellant, Wilbert Heller, appeals as of right the sentence he received in the Marshall County Circuit Court upon his plea of guilty to the offense of aggravated sexual battery. The trial court sentenced appellant to nine years, six months in the Department of Correction as a Range I offender. Appellant's only issue on appeal is whether he is eligible for community corrections under the special needs provision. See Tenn. Code Ann.

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