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Posted by: Tanja Trezise on Jun 19, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

James F. Logan, Jr., Cleveland, Tennessee, for the Defendant-Appellant, Harvey Brian Cochran.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; Robert Steven Bebb, District Attorney General; and James Harvey Stutts, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge(s): MCMULLEN

A jury convicted the Defendant-Appellant, Harvey Brian Cochran, of reckless homicide, a Class D felony. The trial court sentenced him as a Range I, standard offender to serve three years in the Tennessee Department of Correction. On appeal, Cochran argues that the trial court erred at sentencing by allowing the State to introduce unreliable hearsay as proof of a prior conviction for enhancement purposes, by failing to consider the relevant mitigating factors, and by denying him an alternative sentence. Upon review, we reverse the trial court’s denial of an alternative sentence and order Cochran to serve a sentence of split confinement, with ninety days to be served in periodic confinement at the county jail and the remainder of his three-year sentence to be served on supervised probation with the terms of his probation and periodic confinement to be determined by the trial court. In all other respects, the judgment of the trial court is affirmed.