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Posted by: Tanja Trezise on Jan 7, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

J. Liddell Kirk, Knoxville, Tennessee, (on appeal); Raymond Mack Garner, District Public Defender; and George Waters, Assistant Public Defender, Maryville, Tennessee, (at trial), for the appellant, James William Floyd.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Kyle Hixson, Assistant Attorney General; Michael L. Flynn, District Attorney General; and Matthew Dunn, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WOODALL

Defendant, James William Floyd, pled guilty in the Blount County Circuit Court to the offense of robbery. Pursuant to a negotiated plea agreement, Defendant received a sentence of four years to be served by split confinement with incarceration of 49 days and the balance on supervised probation. He was released from jail on June 3, 2011, to begin the probation portion of his sentence. On March 9, 2012, a probation violation warrant was issued. Following a hearing, the trial court revoked probation and ordered him to serve the balance of his sentence by incarceration. Defendant appeals, and does not challenge the revocation of probation, but argues that the trial court erred by ordering the entire sentence to be served by incarceration. We affirm the judgment of the trial court.