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Posted by: Tanja Trezise on Feb 11, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Garth Click (on appeal), and Anne Kroeger (at hearing), Assistant Public Defender, Springfield, Tennessee, for the appellant, Roy L. McAlister.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General & Reporter; Brent C. Cherry, Senior Counsel; John W. Carney, District Attorney General; and Jason White, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): BIVINS

Roy L. McAlister (“the Defendant”) pleaded guilty to three counts of aggravated statutory rape and one count of sexual exploitation of a minor. Pursuant to the plea agreement, the Defendant was sentenced as a Range I, standard offender to an effective sentence of three years, to be suspended to supervised probation after service of 219 days in confinement. Upon the filing of a probation violation warrant, the Defendant was taken into custody, and a probation violation hearing was held. At the conclusion of the hearing, the trial court revoked the Defendant’s probation and ordered him to serve the remainder of his sentence in confinement. The Defendant appealed the trial court’s ruling. Based upon the record before us, we are compelled to vacate the judgment of the trial court and remand this action to the Robertson County Circuit Court for further findings consistent with this opinion.