Opinion Flash

December, 2002
Volume 8 — Number 227

Following this index are summaries of each case, including its name, first paragraph, author's name, and the names of attorneys for the parties of each opinion.

This Issue (IN THIS ORDER):

00	New Opinion(s) from the Tennessee Supreme Court
00	New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00	New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
00	New Opinion(s) from the Tennessee Court of Appeals
01	New Opinion(s) from the Tennessee Court of Criminal Appeals
00	New Opinion(s) from the Tennessee Attorney General (PDF format)
00	New Judicial Ethics Opinion(s)
00	New Formal Ethics Opinion(s) from the Board of Professional Responsibility

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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

							
							CORRECTED OPINION

STATE OF TENNESSEE v. NKOBI I. DUNN

Court:TCCA

Attorneys:    

Deborah Black Huskins, Assistant Public Defender, Johnson City,
Tennessee, for the appellant, Nkobi I. Dunn.

Paul G. Summers, Attorney General and Reporter; P. Robin Dixon, Jr.,
Assistant Attorney General; Joe C. Crumley, Jr., District Attorney
General; Steven R. Finney and Dennis Dwayne Brooks, Assistant District
Attorneys General, for the appellee, State of Tennessee.

Judge: WEDEMEYER

First Paragraph:

Pursuant to the judicial diversion statute, the Defendant pled guilty
to possession of drug paraphernalia, a Class A misdemeanor, and
possession for resale of less than .5 grams of a Schedule II
controlled substance, a Class C felony.  The plea was entered pursuant
to Tennessee Code Annotated S 40-35-313, otherwise referred to as
judicial diversion, and the trial court placed the Defendant on
probation for three years.  Approximately six months later, a
probation violation warrant was issued against the Defendant, alleging
that he had tested positive for marijuana use.  An amended probation
violation warrant was subsequently filed, alleging that the Defendant
had failed to make payments on court costs and had failed to pay child
support, the latter being a special condition of probation.  The
Defendant pled guilty to violating his probation and the trial court
revoked the Defendant's probation.  Without conducting a sentencing
hearing, the trial court entered judgments sentencing the Defendant to
concurrent sentences of eleven months and twenty-nine days to serve in
the county jail for the paraphernalia conviction and three years to
serve in the Tennessee Department of Correction for the felony drug
conviction.  After reviewing the record, we reverse the judgments of
the trial court and remand for a sentencing hearing.

http://www.tba.org/tba_files/TCCA/dunnni.wpd

WITH CONCURRING OPINION

http://www.tba.org/tba_files/TCCA/DunnNkobiI_con.wpd

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