STATE OF TENNESSEE v. BRANDON L. SMITH - Articles

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Posted by: Tanja Trezise on Mar 30, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

James W. Clements, III, Chattanooga, Tennessee, for the appellant, Brandon L. Smith.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Meredith DeVault, Assistant Attorney General; J. Michael Taylor, District Attorney General; and David McGovern, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WILLIAMS

The defendant, Brandon L. Smith, pled guilty to voluntary manslaughter and agreed to be sentenced as a Range III, persistent offender. After a sentencing hearing, the trial court sentenced the defendant to thirteen years and six months to be served in the Tennessee Department of Correction. On appeal, the defendant contends that the trial court erred when it: (1) relied upon hearsay statements contained in the presentence report at sentencing; and (2) denied him an alternative sentence. Following review of the record, we conclude that the defendant’s first claim has been waived and his second claim is moot. We affirm accordingly

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