TBALink Opinion-Flash

December 21, 1996 -- Volume #2 -- Number #124

Here is today's issue of TBALink Opinion-Flash. What follows is the document name, first paragraph and the names of the attorneys for the parties (If you know one of them you might want to give them a call, chances are they don't know about the opinion yet) of each electronic opinion/rules released TODAY from the three appellate courts.

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UPS
vs.
BUCK FEVER RACING, INC.

Court:TCA

For Appellant                   For Appellee

DAVID A. LUFKIN                 MARK L. ESPOSITO
Lufkin & Henley                 MARK E. FRYE
Knoxville, Tennessee            Penn, Stuart & Eskridge
                                Bristol, Virginia                          

Judge: Susano

First Paragraph:

UPS, an Ohio corporation, sued Buck Fever Racing, Inc. (Buck Fever), a
Virginia corporation, on an open account.  The complaint seeks
$40,607.48, pre- and post-judgment interest, and attorney fees.  It is
supported by a sworn account.  The trial court granted Buck Fever's
motion to dismiss because the court found that it lacked the necessary
in personam jurisdiction to render a monetary judgment against the
defendant.  UPS appealed, arguing that the facts developed 
reflect that the defendant had sufficient minimum contacts with
Tennessee to justify the exercise of jurisdiction over it. AFFIRMED
AND REMANDED.

URL:http://www.tba.org/tba_files/TCA/BUCKFEVE_OP.WP6
Opinion-Flash

ARTHUR DAVIS and ALFREIDA DAVIS
VS.
BOB PATTERSON, Shelby County Trustee, and ONE MEMPHIS PLACE VENTURE

Court:TCA

LENAL ANDERSON, JR.
Memphis, Tennessee
Attorney for Appellants

GARY K. GROOM
FARRIS, WARFIELD & KANADAY
Nashville, Tennessee
Attorney for Appellee, One Memphis Place Venture                          

Judge: HIGHERS

First Paragraph:

In this personal injury action, the Plaintiffs, Arthur and Alfreida
Davis, filed suit against the Defendant, Bob Patterson, and the
Defendant, One Memphis Place Venture ("Venture"), for injuries
resulting from exposure to contaminants at the Plaintiff's place of
employment. The Plaintiffs took a voluntary nonsuit as to the
Defendant, Bob Patterson. Venture filed a motion for summary judgment
asserting that the Plaintiffs' claims were barred by the one year
statute of limitations.  The trial court granted Venture's motion for
summary judgment. The Plaintiffs' have appealed the trial court's
order granting Venture's motion for summary judgment.  For the reasons
stated hereafter, we affirm the judgment of the trial court.

URL:http://www.tba.org/tba_files/TCA/DAVISART_OPN.WP6
Opinion-Flash

JAMES L. HOWARD
VS. 
J. HOWARD SHANKLE and BOBBIE J. SHANKLE

Court:TCA

ROBERT A. ANDERSON
Nashville, Tennessee
Attorney for Plaintiff/Appellant

JAMES N. BRYAN
Nashville, Tennessee
Attorney for Defendants/Appellees

JOHN M. GILLUM
JOHN W. HEACOCK
MANIER, HEROD, HOLLABAUGH & SMITH
Nashville, Tennessee
Attorneys for Defendants/Appellees                          

Judge: HIGHERS

First Paragraph:

In this case, Plaintiff, James L. Howard, filed suit against the
Defendants, J. Harold Shankle and Bobbie J. Shankle, seeking damages
based upon breach of a land sales contract.  Defendants filed a
counter-complaint seeking damages based upon breach of the land sales
contract and a declaratory judgment. The Chancellor conducted a
non-jury trial and dismissed all causes of action that Plaintiff
asserted against the Defendants with prejudice, dismissed all causes
of action that  the Defendants asserted against the Plaintiff with
prejudice and granted the Defendants' request for a declaratory
judgment. Plaintiff has appealed the trial court's judgment, arguing
that the Chancellor's construction of the land sales agreement was in
error.  For the reasons stated hereafter, we affirm.

URL:http://www.tba.org/tba_files/TCA/HOWARDJ_OPN.WP6
Opinion-Flash

BOBBY G. JOYCE
VS. 
ALICE IRENE JOYCE

Court:TCA

Charles Samuel Kelly, Jr.,
KELLY, MILLAR, STRAWN & KELLY, Dyersburg, Tennessee
Attorney for Plaintiff/Appellant.

L. L. Harrell, Jr. ,
HARRELL & HARRELL, Trenton, Tennessee
Attorney for Defendant/Appellee                          

Judge: FARMER

First Paragraph:

Bobby G. Joyce (Husband) sought a divorce from Alice Irene Joyce
(Wife) pursuant to T.C.A. S 36-4-101(12).  The parties were married
September 2, 1967.  The complaint alleges that they separated on
October 2, 1992.  Wife answered that it was on this date that she was
committed to Western State Hospital where she remained for several
weeks. REMANDED.

URL:http://www.tba.org/tba_files/TCA/JOYCEBG_OPN.WP6
Opinion-Flash

NELL MAY PUTNAM, Individually and NELL MAY PUTNAM, 
Administratrix of the Estate of CHARLES O. PUTNAM 
vs.
RUSSELL PUTNAM AND WINSTON PUTNAM

Court:TCA

Nancy Miller-Herron; Herron & Miller-Herron of Dresden
For Appellee

Jeffrey W. Parham and H. Max Speight of Martin
For Appellant, Russell Putnam                         

Judge: CRAWFORD

First Paragraph:

This is a T.R.A.P. 9 appeal from an interlocutory order of the
chancery court denying the motion of defendant, Russell Putnam, to
dismiss plaintiff's suit for lack of personal jurisdiction and lack of
subject matter jurisdiction.  AFFIRMED AND REMANDED.

URL:http://www.tba.org/tba_files/TCA/PUTNAMNM_OPN.WP6
Opinion-Flash

THOMAS L. and LINDA RADLEY
VS.
BOBBY E. and ALICE E. BROOKS

Court:TCA

RUSSELL J. JOHNSON
Memphis, Tennessee
Attorney for Appellant

J. LOGAN SHARP
BATEMAN AND CHILDERS
Memphis, Tennessee
Attorney for Appellee
Judge: 

First Paragraph:

In this action, the Plaintiffs, Thomas and Linda Radley, filed suit
against the Defendants, Bobby and Alice Brooks, based upon breach of a
land sales agreement. The Plaintiffs base their suit upon the
following alternative theories: breach of contract, breach of
warranty, negligence, misrepresentation, fraud and violation of the
Tennessee Consumer Protection Act. The trial court rendered a judgment
in favor of the Plaintiffs for $2,000.00 and found that the Defendants
were not liable to the Plaintiffs for intentional fraud, negligence or
for violation of the Tennessee Consumer Protection Act.  For the
reasons stated hereafter, we affirm the judgment of the trial court.

URL:http://www.tba.org/tba_files/TCA/RADLEY_OPN.WP6
Opinion-Flash

ROBERT ROE and JEAN ROE, Individually and as next Friends
for JOHN ROE, a minor
vs.
CATHOLIC DIOCESE OF MEMPHIS, INC., and ST. PAUL'S CATHOLIC SCHOOL

Court:TCA

David J. Sneed, Robert B.C. Hale; 
Waring Cox of Memphis
For Plaintiffs-Appellants

C. Thomas Cates, Melissa A. Maravich; 
Burch, Porter & Johnson of Memphis
For Defendants-Appellees
                          
Judge: CRAWFORD

First Paragraph:

This is a negligence case involving the supervision of a minor child
by a preschool day care program.  The plaintiffs, Robert, Jean, and
John Roe, appeal from the order of the trial court granting summary
judgment in favor of the defendants, Catholic Diocese of Memphis in
Tennessee and St. Paul's Catholic School (hereinafter St. Paul's). 
The trial court found that the acts alleged in the complaint were
unforeseeable as a matter of law. AFFIRMED.

URL:http://www.tba.org/tba_files/TCA/ROERR_OPN.WP6
Opinion-Flash

MILTON SCHACTER
vs.
FRIENDLY CHEVROLET CADILLAC TOYOTA, INC., et al

Court:TCA

Ira M. Thomas of Memphis
For Appellant

Fred M. Ridolphi, Jr., of Memphis
For Appellee                          

Judge: CRAWFORD

First Paragraph:

This is a breach of contract case.  The plaintiff, Milton Schachter,
appeals from the order of the Shelby County Chancery Court dismissing
his complaint against the defendants, Hugh Chalmers, Sr., Hugh
Chalmers, Jr., and Hugh Chalmers Chevrolet-Cadillac-Toyota, Inc.
REVERSED AND REMANDED.

URL:http://www.tba.org/tba_files/TCA/SCHACHTE_OPN.WP6
Opinion-Flash

RAMONA C. SCHRADER  
vs.
A. L. SCHRADER

Court:TCA

L. L. HARRELL, JR.              JULIA J. TATE
Harrell & Harrell               Gracey, Ruth, Howard, Tate
NW Court Square                     & Sowell
Trenton, TN 38382               150 Second Avenue North, Suite 201
                                Nashville, TN 37201                          

Judge: INMAN

First Paragraph:

These parties were divorced in 1981 following a 25-year marriage and
the birth of three children.  The appellant was ordered to pay alimony
of $950.00 monthly, well within his means as a practicing physician.
AFFIRMED.

URL:http://www.tba.org/tba_files/TCA/SCHRADR_OPN.WP6
Opinion-Flash

WILLIAM SMITH
vs.
MEMPHIS HOUSING AUTHORITY

Court:TCA

Edwin C. Lenow
Memphis, Tennessee
Attorney for Appellant
                        
David M. Cook
Karen L. Schlesinger
Memphis, Tennessee
Attorneys for Defendant/Appellee

Judge: HIGHERS

First Paragraph:

In this action, the Plaintiff, William Smith, filed suit against the
Defendant, Memphis Housing Authority, for wrongfully terminating the
Plaintiff's employment.  The circuit court granted summary judgment in
favor of the Defendant and dismissed the Plaintiff's complaint. The
Plaintiff has appealed the circuit court's order granting the
Defendant's motion for summary judgment.  For the reasons stated
hereafter, we affirm the judgment of the court.

URL:http://www.tba.org/tba_files/TCA/SMITHWIL_OPN.WP6
Opinion-Flash

BRIAN WOLNEY and WIFE, MELISSA WOLNEY
vs.
LISA M. EMMONS and WELLS FARGO ARMORED SERVICE CORPORATION

Court:TCA

For the Plaintiffs/Appellants:      For the Defendants/Appellees:
Stanley J. Kline                    Marc O. Dedman           
Memphis, Tennessee                  Memphis, Tennessee                          

Judge: LILLARD

First Paragraph:

This is a suit for damages brought by Plaintiff Brian Wolney
("Wolney"), with his wife Melissa Wolney, against Defendants Wells
Fargo Armored Service Corporation ("WFA") and Lisa M. Emmons
("Emmons").  Wolney sued for personal injuries he sustained in an
accident while riding as a passenger in a vehicle driven by Emmons,
but owned by WFA.  The trial court granted partial summary judgment in
favor of WFA, finding that Wolney's tort claim against WFA was barred
because Wolney was WFA's statutory employee.  The Wolneys appeal the
grant of partial summary judgment.  We affirm.

URL:http://www.tba.org/tba_files/TCA/WOLNEYB_OP.WP6
Opinion-Flash

HOWARD A. WOODS
vs.
CITY OF MEMPHIS, ET AL

Court:TCA

Howard A. Woods, pro se
Memphis, Tennessee

No attorney for appellee                          

Judge: HIGHERS

First Paragraph:

In this case, the Plaintiff, Howard A. Woods, filed suit against the
Defendant, City of Memphis, seeking damages for the wrongful
condemnation and demolition of his residence.  On July 13, 1992, the
Plaintiff filed suit in General sessions court.  A judgment  was
entered in favor of the Defendant, and the Plaintiff appealed to
circuit court.  In the circuit court a judgment was granted in favor
of the Defendant after a de novo hearing, and the Plaintiff has
appealed to this court from that.  We believe this is an appropriate
case for affirmance pursuant to Court of Appeals Rule 10(a).

URL:http://www.tba.org/tba_files/TCA/WOODSMEM_OPN.WP6
Opinion-Flash

WILLIAM D. ARENDALL
vs.
STATE OF TENNESSEE

Court:TCCA

For Appellant:
Marian C. Fordyce
Attorney for Appellant
129 Second Avenue North
Nashville, TN  37201

For Appellee:
Charles W. Burson
Attorney General & Reporter

Charlotte H. Rappuhn
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN  37243-0493

Steve Dozier
Assistant District Attorney General
Washington Square, Suite 500
222 Second Avenue North
Nashville, TN  37201-1649                          

Judge: WADE

First Paragraph:

The petitioner, William D. Arendall, appeals from the trial court's
denial of his petition for a writ of habeas corpus.  The petitioner
presents two issues for our review:  (1)  whether the trial court
erred by dismissing the petition without a hearing on grounds of
previous determination by the chancery court; and if so (2) whether
the Tennessee Department of Correction may rescind custodial parole
after the expiration of the sentence.  AFFIRMED.

URL:http://www.tba.org/tba_files/TCCA/ARENDALL_OPN.WP6
Opinion-Flash

JAMES KELLY CAULEY
vs.
STATE OF TENNESSEE

Court:TCCA

For the Appellant:                  For the Appellee:

Gregory D. Smith                    Charles W. Burson
One Public Square                   Attorney General and Reporter
Suite 321                           450 James Robertson Parkway
Clarksville, TN 37040               Nashville, TN 37243-0493

                                    Robin L. Harris
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243

                                    John Wesley Carney, Jr.
                                    District Attorney General

                                    B. Dent Morriss
                                    Assistant District Attorney
                                    500 Main St.
                                    Springfield, TN 37172                         

Judge: Barker

First Paragraph:

This is an appeal as of right from the Robertson County Circuit
Court's denial of appellant's petition for post-conviction relief
pursuant to Tennessee Code Annotated section 40-30-101 et seq. (1990).
 Finding no merit in appellant's issues, we affirm the trial court's
dismissal of the petition.

URL:http://www.tba.org/tba_files/TCCA/CAULEY_OPN.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
MONOLETO DELSHONE GREEN 

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

GERALD MELTON               CHARLES W. BURSON
Public Defender             Attorney General and Reporter

JEANNIE KAESS               MICHAEL E. MOORE
Assistant Public Defender   Solicitor General
201 W. Main St. Ste 101
Murfreesboro, TN 37129      GORDON W. SMITH
                            Associate Solicitor General
                            500 Charlotte Avenue
                            Nashville, TN 37243-0497

                            WILLIAM WHITESELL
                            District Attorney General
                            3rd Floor Judicial Building
                            Murfreesboro, TN 37130                            

Judge: WELLES

First Paragraph:

The Defendant, Monoleto Delshone Green, appeals as of right pursuant
to Rule 3 of the Tennessee Rules of Appellate Procedure.  He was
convicted on a Rutherford County jury verdict of Aggravated Robbery. 
He appeals his conviction presenting eight issues for review: (1) That
the trial court erred by failing to suppress the Defendant's
confession; (2) that the trial court erred by failing to suppress an
identification made of the Defendant at the pretrial hearing; (3) that
it was prejudicial error to admit evidence that the Defendant
possessed a handgun; (4) that the judicial process was prejudiced when
a witness was detained in order to secure his presence at the
Defendant's trial; (5) that it was error to admit a photographic
lineup at trial which was not provided by the State pursuant to a
discovery request; (6) that the trial court erred in admitting hearsay
testimony; (7)  that the trial court erred by admitting evidence of
flight and instructing the jury on flight; (8) that the Assistant
District Attorney made prejudicial and improper remarks at trial.  We
have examined the Defendant's issues on appeal and conclude that there
is no reversible error.  Therefore, we affirm the judgment of the
trial court.

URL:http://www.tba.org/tba_files/TCCA/GREENM_OPN.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
LEROY HALL, JR.

Court:TCCA

For the appellant:              For the appellee:

Karla G. Gothard                Charles W. Burson
701 Cherry Street               Attorney General of Tennessee
Suite 300                       and 
Chattanooga, TN 37402           Joel W. Perry
(At trial only)                 Assistant Attorney General of Tennessee
                                450 James Robertson Parkway
William R. Heck                 Nashville, TN  37243-0493
212 James Building
Chattanooga, TN  37402          William H. Cox
(At trial and on appeal)        District Attorney General
                                and
Brock Mehler                    Thomas J. Evans 
Capital Case Resource Center    Assistant District Attorney General
704 18th Avenue South           600 Market Street, Suite 310
Nashville, TN 37920             Chattanooga, TN 37402
(On appeal only)                         

Judge: Tipton

First Paragraph:

The defendant, Leroy Hall, Jr., was convicted of first degree murder
and aggravated arson.  The jury imposed the death penalty, finding the
existence of two aggravating circumstances:  T.C.A. S 39-13-204(i)(5)
and T.C.A. S 39-13-204(i)(7) (1991).  The trial court imposed a
twenty-five-year sentence for aggravated arson, a class A felony, to
be served consecutively.  In this appeal as of right directed solely
at the murder conviction and sentence, the defendant raises 
issues relative to the guilt phase of the trial. AFFIRMED.

URL:http://www.tba.org/tba_files/TCCA/HALLLER_OP.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
ERIC LEMART HARRIS

Court:TCCA

For the Appellee:               For the Appellant:

David F. Bautista               Charles W. Burson
District Public Defender        Attorney General and Reporter
    
Jeffery C. Kelly                Hunt S. Brown
Asst. Public Defender           Assistant Attorney General                       
142 East Market Street          Criminal Justice Division                           
Johnson City, TN  37601         450 James Robertson Parkway
                                Nashville, TN 37243-0493                
                        
                                David E. Crockett
                                District Attorney General

                                Joe Crumley
                                Asst. District Attorney General
                                Post Office Box 38
                                Jonesborough, TN  37659                          

Judge: Hayes

First Paragraph:

The appellee, Eric LeMart Harris, was indicted by the Washington
County Grand Jury in a three count indictment, charging him with two
misdemeanor sales of marijuana and one class E felony sale of
marijuana.  Pursuant to the negotiated plea agreement, the appellee
received a sentence of one year for the felony conviction and a
sentence of eleven months, twenty-nine days for each  misdemeanor
conviction.  All three sentences were to run concurrently.  The manner
of service of the sentence, including the availability of judicial
diversion, was submitted to the trial court for determination. 
Following a sentencing hearing, the trial court granted judicial
diversion.  Tenn. Code Ann. S 40-35-313(a)(1) (1995 Supp.)  The State
appeals this sentencing decision, contending that the trial court
abused its discretion in granting diversion.  Specifically, the State
argues that the appellee is ineligible because the plain language of
the statute, Tenn. Code Ann. S 40-35-313(a), commonly referred to as
judicial diversion, limits diversion to only one offense. AFFIRMED.

URL:http://www.tba.org/tba_files/TCCA/HARRISE_OPN.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
JOSH HUTCHINSON

Court:TCCA

FOR THE APPELLANT:                  FOR THE APPELLEE:

DALE M. QUILLEN                     CHARLES W. BURSON
95 White Bridge Road, Suite 208     Attorney General and Reporter
Nashville, TN  37205

                                    ROBIN L. HARRIS
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN  37243

                                    JOE D. BAUGH, JR.
                                    District Attorney General

                                    RONALD L. DAVIS
                                    Assistant District Attorney
                                    P. O. Box 937
                                    Franklin, TN  37065-0937                          

Judge: SMITH

First Paragraph:

This is an appeal pursuant to Rule 3 of the Tennessee Rules of
Appellate Procedure.  Appellant complains that the trial judge abused
his discretion in denying Appellant probation.  We affirm the decision
of the trial court.

URL:http://www.tba.org/tba_files/TCCA/HUTCHISO_ORD.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
JAMES RYION

Court:TCCA

For the Appellant:              For the Appellee:

Thomas K. Bowers                Charles W. Burson
Post Office Box 140256          Attorney General and Reporter
2821 Lebanon Road, Suite 204    
Nashville, TN  37214            Sarah M. Branch                         
                                Assistant Attorney General                          
                                Criminal Justice Division
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493                
                        
                                John Wesley Carney, Jr.
                                District Attorney General

                                Dent Morriss
                                Asst. District Attorney General
                                507 Public Square
                                Springfield, TN  37172                          

Judge: Hayes

First Paragraph:

The appellant, James Ryion, was convicted by a jury in the Circuit
Court of Robertson County of the aggravated sexual battery and
aggravated rape of his stepson, AM.  The trial court sentenced the
appellant to 10 years imprisonment in the Tennessee Department of
Correction for the aggravated sexual battery conviction and 20 years
imprisonment for the aggravated rape conviction.  The court ordered
that the sentences be served consecutively.  AFFIRMED.

URL:http://www.tba.org/tba_files/TCCA/RYION_OPN.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.               
ROBERT EUGENE SKYLES

Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:
Donna R. Miller                 Charles W. Burson
Assistant Public Defender       Attorney General & Reporter
701 Cherry Street, Suite 300    500 Charlotte Avenue
Chattanooga, TN 37402           Nashville, TN 37243-0497

OF COUNSEL:                     Darian B. Taylor
                                Assistant Attorney General
Ardena J. Garth                 450 James Robertson Parkway
District Public Defender        Nashville, TN 37243-0493
701 Cherry Street, Suite 300
Chattanooga, TN 37402           Gary D. Gerbitz
                                District Attorney General
                                600 Market Street
                                Chattanooga, TN 37402
        
                                H. C. Bright
                                Assistant District Attorney General
                                600 Market Street
                                Chattanooga, TN 37402

                                Rodney Strong
                                Assistant District Attorney General
                                600 Market Street
                                Chattanooga, TN 37402                         

Judge: Jones

First Paragraph:

The appellant, Robert Eugene Skyles, was convicted of vehicular
homicide, a Class C felony, leaving the scene of an accident, a Class
A misdemeanor, and driving while license suspended, a Class B
misdemeanor, after pleading guilty to these offenses.  The trial court
found the appellant to be a standard offender and imposed a Range I
sentence consisting of confinement for three (3) years for vehicular
homicide.  The trial court sentenced the appellant to confinement for
eleven months and twenty-nine days for leaving the scene of an
accident, and confinement for six months for driving while license
suspended.  The trial court ordered all three sentences to be served
in the Hamilton County Workhouse.   The appellant is required to serve
eleven months and twenty-nine days in the vehicular homicide case with
the balance of the sentence suspended.  The appellant will be required
to serve a period of two years on probation.  In this Court, the
appellant contends the trial court abused its discretion by failing to
suspend the entire sentence or grant the appellant a community
corrections sentence for the entire sentence.  After a thorough review
of the record, the briefs submitted by the parties, and the law which
governs the issue, it is the opinion of this Court the judgment of the
trial court should be affirmed.

URL:http://www.tba.org/tba_files/TCCA/SKYLES_OPN.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
DANNY B. THOMAS

Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:

WILLIAM D. MASSEY               CHARLES W. BURSON
3074 East St.                   Attorney General & Reporter
Memphis, TN   38128
      (On Appeal)               SARAH M. BRANCH
                                Counsel for the State
JOSEPH S. OZMENT                450 James Robertson Pkwy.
100 N. Main Bldg., Ste. 3010    Nashville, TN  37243-0493
Memphis, TN   38103             
     (At Trial)                 JOHN W. PIEROTTI
                                District Attorney General

                                JANET L. SHIPMAN
                                Asst. District Attorney General
                                201 Poplar Ave., Third Fl.
                                Memphis, TN   38103                          

Judge: PEAY

First Paragraph:

The defendant was indicted for multiple counts of selling cocaine,
possessing cocaine with the intent to deliver, and possessing cocaine
with the intent to sell.  He pled guilty to four counts of selling
over .5 grams of cocaine and accepted an agreed sentence of eight
years on each count, to run concurrently, with a $2,000 fine on each
count.  He was designated a Range I standard offender.  The only issue
left to the sentencing court was whether to grant probation or some
other form of alternative sentence.  The court below denied any form
of alternative sentence.  In this appeal as of right, the defendant
challenges that denial.  After a review of the record, we affirm the
judgment.

URL:http://www.tba.org/tba_files/TCCA/THOMASD_OPN.WP6

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