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Posted by: Tanja Trezise on Sep 20, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

Mark D. Harris, Kingsport, Tennessee, for the appellant, Billy Joe Smith.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel E. Willis, Assistant Attorney General; H. Greeley Welles, Jr., District Attorney General; and Joseph Eugene Perrin, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge(s): WOODALL

Pursuant to a negotiated plea agreement, Defendant, Billy Joe Smith, pled guilty to: (1) possession of more than one-half ounce of marijuana, a Class E felony; (2) maintaining a dwelling where controlled substances were used or sold, a Class D felony; and (3) two separate counts of possession of drug paraphernalia, a Class A misdemeanor. Due to his prior criminal convictions, Defendant was designated as a Range II multiple offender for each felony conviction, and agreed to a sentence length of four years for each felony. The plea agreement provided for sentences of 11 months and 29 days for each misdemeanor conviction, and for all of the sentences to run concurrently with each other for an effective sentence of four years as a Range II offender. There was no agreement as to the manner of service of the sentence. Following a sentencing hearing, the trial court ordered that Defendant would serve the sentence in the Department of Correction. Defendant has appealed and argues that the trial court should have granted him full probation or split confinement, or ordered the sentences to be served in the community corrections program. Following a thorough review we affirm the judgments of the trial court.