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Posted by: Tanja Trezise on Aug 27, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

Lonnie Maze, III, Nashville, Tennessee, for the appellant, Nathaniel Kelly.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Jeffrey D. Zentner, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Rob McGuire, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): THOMAS

The Defendant, Nathaniel Kelly, appeals as of right from the Davidson County Criminal Court’s revocation of his community corrections sentence and order of incarceration. The Defendant contends (1) that the trial court abused its discretion in revoking his community corrections sentence and placing his original sentence into effect, instead of ordering a period of shock incarceration followed by release to community corrections, and (2) that the trial court did not issue a statement setting forth the evidence or factors it relied upon in making its determination to revoke his sentence. Following our review, we affirm the trial court’s revocation of the Defendant’s community corrections sentence.