STATE OF TENNESSEE v. JOSE GAUDALUPE FRAUSTO-MAGALLANES - Articles

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Posted by: Tanja Trezise on Nov 12, 2021

Court: TN Court of Criminal Appeals

Attorneys 1: Timothy Carter, Nashville, Tennessee, for the appellant, Jose Guadalupe Frausto- Magallanes.

Attorneys 2: Herbert H. Slatery III, Attorney General and Reporter; Ruth Anne Thompson, Senior Assistant Attorney General; Glenn R. Funk, District Attorney General; and Mindy Morris, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): AYERS

Defendant, Jose Guadalupe Frausto-Magallanes, pled guilty to possession with intent to sell more than fifteen grams of heroin with an agreed sentence length of eight years as a Range I standard offender with the trial court to determine the manner of service. The trial court ordered Defendant to serve his entire eight-year sentence in the Department of Correction. On appeal, Defendant argues that the trial court erred by ordering him to serve his sentence in confinement. Following our review of the entire record and the parties’ briefs, we affirm the judgment of the trial court.