STATE OF TENNESSEE v. RICHARD JOSEPH DURICK - Articles

All Content

STATE OF TENNESSEE v. RICHARD JOSEPH DURICK

Posted by: Karen Belcher on Oct 13, 2020

Court: TN Court of Criminal Appeals

Attorneys 1: Rob McKinney, Nashville, Tennessee, for the appellant, Richard Joseph Durick.

Attorneys 2: Herbert H. Slatery III, Attorney General and Reporter; David H. Findley, Senior Assistant Attorney General; Kim R. Helper, District Attorney General; and Mary Katharine Evins, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): HOLLOWAY

Pursuant to a plea agreement, Richard Joseph Durick (“Defendant”) pled guilty to one count each of attempted aggravated sexual exploitation of a minor and attempted sexual exploitation of a minor in exchange for an effective sentence of three years, with the manner of service to be determined by the trial court. Following a sentencing hearing, the trial court ordered Defendant to serve his sentence in confinement. On appeal, Defendant contends that the trial court abused its discretion by imposing a sentence of confinement, arguing that: (1) the trial court committed plain error in considering polygraph results and reports based on polygraph results when sentencing Defendant; (2) the trial court failed to consider Defendant’s presumption of eligibility for probation; (3) the trial court failed to consider all of the factors under Tennessee Code Annotated section 40-35-103(1)(A)-(C); and (4) the trial court inappropriately considered factors used to determine length of sentence when determining the manner of service of his sentence. Defendant further contends that the trial court erred by denying his subsequently filed motion for a reduction of sentence pursuant to Rule 35 of the Tennessee Rules of Criminal Procedure. Upon review, we affirm the judgments of the trial court.

Attachments: