STATE OF TENNESSEE v. HERMAN S. HESTER, JR. (a/k/a “SONNY”) - Articles

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Posted by: Tanja Trezise on Mar 1, 2012

Court: TN Court of Criminal Appeals

Attorneys 1: Mark E. Stephens and John Halstead, Knoxville, Tennessee, for the appellant, Herman S. Hester, Jr.

Attorneys 2: Robert E. Cooper, Jr., Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; Randall E. Nichols, District Attorney General; Debbie Malone, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WEDEMEYER

The Defendant, Herman S. Hester, Jr., pled guilty to four counts of selling over 0.5 grams of cocaine. The trial court imposed the ten-year effective sentenced agreed to in the plea agreement and granted the Defendant’s request for an alterative sentence, placing him in the Community Alternatives to Prison Program (“CAPP”). The Defendant’s alternative sentence supervisor filed a warrant alleging that he had violated the terms of the program. After a hearing, the trial court returned the Defendant to CAPP. The Defendant’s supervisor filed a second warrant, and, after a hearing, the trial court revoked the Defendant’s alternative sentence and ordered him to serve the balance of his sentence in the Tennessee Department of Correction. On appeal, the Defendant contends the trial court erred when it revoked his probation. After reviewing the record, we affirm the trial court’s judgment.

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