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Posted by: Tanja Trezise on Nov 28, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

Dawn Deaner, District Public Defender; Emma Rae Tennent, Assistant Public Defender (on appeal); and Assistant Public Defender Kevin Kelly (at hearing), for the appellant, Jacque Michelle Lee

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; Victor S. (Torry) Johnson, III, District Attorney General; Renee Erb, Assistant District Attorney General (at hearing); and Shannon Poindexter, Assistant District Attorney General (at plea), for the appellee, State of Tennessee.

Judge(s): WILLIAMS

The defendant, Jacque Michelle Lee, appeals the sentencing determination made by the Davidson County Criminal Court following the revocation of her alternative sentence. The defendant was sentenced to an effective ten-year sentence after she pled guilty to five counts of theft of property and one count of theft of services, and she was ordered to serve her sentence on community corrections. The defendant also agreed to participate in a drug court program. Within days of starting to serve her sentence, the defendant failed to attend two required program meetings. A violation warrant was issued. Following a hearing, the defendant’s alternative sentence was revoked, and the trial court ordered the defendant to serve the remainder of her sentence in confinement. On appeal, the defendant does not contest the trial court’s finding of a violation. Rather, she argues that the trial court erred by ordering her to serve her sentence in confinement rather than returning her to community corrections. After review, we affirm the decision of the trial court.