All Content

Posted by: Tanja Trezise on Mar 4, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Rob McKinney, Nashville, Tennessee, for the appellant, Jeremy Bailey.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel Harmon, Assistant Attorney General; Kim R. Helper, District Attorney General; and Michael Jay Fahey, II, Assistant

Judge(s): OGLE

The appellant, Jeremy Bailey, pled nolo contendere in the Hickman County Circuit Court to two counts of statutory rape, a Class E felony. Pursuant to the plea agreement, the appellant agreed to be sentenced as a Range II, multiple offender and received consecutive four-year sentences with the manner of service to be determined by the trial court. After a sentencing hearing, the trial court ordered that the appellant serve the sentences as eleven months, twenty-nine days in jail “day for day” prior to his being released on supervised probation. On appeal, the appellant contends that the trial court erred by refusing to grant his requests for judicial diversion and full probation and by ordering that he serve his sentence of confinement day for day. The State concedes that the trial court erred by imposing day-for-day confinement. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the trial court’s denial of judicial diversion and full probation but remand for correction of the judgments to reflect that the appellant is entitled to earn good conduct credits while serving eleven months and twenty-nine days of his felony sentences in jail.