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Posted by: Tanja Trezise on Mar 1, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Stephen M. Wallace, District Public Defender; and Terry L. Jordan, Assistant Public Defender, for the appellant, Michael L. Snodgrass.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Andrew C. Coulam, Assistant Attorney General; Barry P. Staubus, District Attorney General; and Julie R. Canter, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): TIPTON

The Defendant, Michael L. Snodgrass, appeals the Sullivan County Criminal Court’s order revoking his judicial diversion for a charge of theft of property valued at less than $500 and imposing a split confinement sentence of eleven months and twenty-nine days, with ten days to be served in jail. On appeal, he contends that the court erred in sentencing him to split confinement and imposing a requirement that he serve 75% of his sentence before eligibility for work release, furlough, trusty status and related rehabilitative programs. We affirm the denial of full probation but reverse the judgment and remand for entry of a judgment that deletes the special condition that the Defendant to serve ten days “flat” and specifies the percentage of his sentence he must serve before eligibility for rehabilitation programs.