STATE OF TENNESSEE v. ANDREW KELLY KING - Articles

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Posted by: Tanja Trezise on Apr 17, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

Daniel J. Cantwell (on appeal), Kingsport, Tennessee and Patrick Denton (at the revocation hearing), Blountville, Tennessee, for the appellant, Andrew Kelly King.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Meredith DeVault, Senior Counsel; and Barry Staubus, District Attorney General, for the appellee, State of Tennessee.

Judge(s): TIPTON

The Defendant, Andrew Kelly King, appeals the Sullivan County Criminal Court’s order revoking his probation for robbery, vandalism, and attempted escape and ordering his fouryear sentence into execution. The Defendant contends that the trial court abused its discretion by revoking his probation and ordering him to serve his sentence. We reverse the judgment of the trial court because the court improperly relied upon potential parole in making its determination. The case is remanded to the trial court for a new hearing.

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