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Posted by: Tanja Trezise on Dec 28, 2012

Head Comment: With Dissenting Opinion

Court: TN Court of Criminal Appeals

Attorneys 1:

John P. Fortuno, Cleveland, Tennessee, for the appellant Andrew Cross.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Nicholas W. Spangler, Assistant Attorney General; Robert Steven Bebb, District Attorney General, and Drew Robinson, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WOODALL

Defendant, Andrew Cross, pled guilty in the Polk County Criminal Court, to one count of aggravated burglary, a Class C felony, and one count of Class E felony theft. At the sentencing hearing, the trial court imposed the minimum allowable sentences of three years for aggravated burglary and one year for theft, and ordered the sentences to be served concurrently. The trial court also ordered the effective sentence of three years suspended, to be served on probation, but the trial court denied Defendant’s request to be granted judicial diversion. In this appeal, Defendant argues that he should have been granted judicial diversion. We disagree, and affirm the judgments of the trial court.