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Posted by: Tanja Trezise on Aug 22, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

Richard A. Spivey, Kingsport, Tennessee, for the Defendant-Appellant, Kevin Anthony Graham.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Lacy E. Wilber, Assistant Attorney General; C. Berkeley Bell, Jr., District Attorney General; and Alex Pearson, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge(s): MCMULLEN

The Defendant-Appellant, Kevin Anthony Graham, entered a guilty plea in the Hawkins County Criminal Court to the charged offense of theft of property valued at $10,000 or more but less than $60,000, a Class C felony, and requested that the trial court grant him judicial diversion or an alternative sentence. At that time, the State informed the court that the parties agreed Graham would be sentenced as a Range I, standard offender to a sentence of three years with the manner of service of the sentence to be determined by the court, in the event that the court denied judicial diversion. Graham was subsequently sentenced to three years’ incarceration. On appeal, Graham contends that the trial court erred in denying: (1) judicial diversion and (2) an alternative sentence. Upon review, we conclude that the trial court erred in denying a sentence of split confinement. Although the trial court properly denied judicial diversion, full probation, and a community corrections sentence, we reverse the judgment and remand the case with instructions to the trial court to enter an order sentencing Graham to serve 90 days’ confinement in the Hawkins County Jail before serving the remainder of his three-year sentence on supervised probation.