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Posted by: Barry Kolar on Mar 14, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

John E. Herbison (on appeal) and Carrie Watson Gasaway (at trial), Clarksville, Tennessee, for the appellant, Brett Joseph Price.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Nicholas W. Spangler, Assistant Attorney General; John Wesley Carney, Jr., District Attorney General; and Robert Joseph Nash, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): TIPTON

This case has been remanded by the Tennessee Supreme Court for reconsideration of sentencing in light of State v. Caudle, 388 S.W.3d 273 (Tenn. 2012). On direct appeal, this court concluded that the Defendant waived review of his sentence by failing to include a transcript of the guilty plea hearing. In light of Caudle, we conclude that the record, which contains transcripts of the motion to suppress hearing and the sentencing hearing, exhibits from each hearing, and the presentence report, is sufficient to determinate whether the trial court recited a proper basis for the sentence. 388 S.W.3d 273. The Defendant, Brett Joseph Price, pleaded guilty to robbery, a Class C felony, and conspiracy to commit robbery, a Class D felony. See T.C.A. §§ 39-13-401, 39-12-103 (2010). He was sentenced as a Range I, standard offender to five years for robbery and to three years for conspiracy, to be served concurrently. On appeal, he contends that the trial court erred by (1) denying his motion to suppress his post-arrest statements and by admitting his statement at the sentencing hearing; (2) denying judicial diversion; (3) imposing excessive sentences; and (4) denying probation. We affirm the judgments of the trial court.