IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE August 22, 2000 Session STATE OF TENNESSEE v. CORNELIUS MICHAEL HYDE Appeal from the Circuit Court for Blount County No. C-10230 D. Kelly Thomas, Jr., Judge

No. E2000-00042-CCA-R3-CD December 28, 2000

ROBERT W. WEDEMEYER , J., concurring.

I concur in the results reached in the opinion authored by Judge Welles. I differ only in that I believe, as Judge Tipton states in his dissent, that “the failure to instruct on lesser-included offenses in the present case constituted error of a constitutional dimension.” I have concluded, however, that in this case the State has demonstrated beyond a reasonable doubt that the error did not affect the outcome of the trial. Therefore, I concur in the result reached by Judge Welles concerning the issue of lesser-included offenses, and I concur in all respects with the reasoning and results reached by Judge Welles in the remainder of his opinion.

___________________________________ ROBERT W. WEDEMEYER, JUDGE