State v. Fields

Full title: STATE OF TENNESSEE, Appellee, v. JAMES ROBERT FIELDS, Appellant

Court: Court of Criminal Appeals of Tennessee. at Jackson

Date published: Apr 1, 1999

C.C.A. No. 02C01-9709-CC-00341l (Tenn. Crim. App. Apr. 1, 1999)

Opinion

C.C.A. No. 02C01-9709-CC-00341l

Decided April 1, 1999.

Appeal from Henry County, Hon. Julian P. Guinn, Judge. (Direct Appeal — Class B Misdemeanor Assault)

Gary R. Wade, Presiding Judge

CONCURRING OPINION

I agree that the conviction should be affirmed. Assault is not a lesser included or lesser grade offense of statutory rape. I disagree, however, with footnote 3 which suggests that a special request by the defendant for an instruction on a lesser offense would serve to amend the indictment. See State v. Leland Ray Reeves, No. 01C01-9711-CR-00515 (Tenn.Crim.App., at Nashville, Mar. 23, 1999).

_________________________________ Gary R. Wade, Presiding Judge