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Posted by: Tanja Trezise on Apr 15, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Gerald L. Melton, Public Defender; and Russell N. (Rusty) Perkins, Assistant Public Defender, Murfreesboro, Tennessee, for the appellant, Antonio Butler.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General & Reporter; Rachel Harmon, Assistant Attorney General; William Whitesell, District Attorney General; and Shawn Puckett, Assistant District Attorney, for the appellee, State of Tennessee.

Judge(s): BIVINS

Antonio Butler (“the Defendant”) pleaded guilty to one count each of robbery and aggravated assault. In his plea agreement, he agreed to concurrent sentences of five years for each count, with the manner of service to be determined by the trial court. Following a sentencing hearing, the trial court denied judicial diversion and ordered that the Defendant serve his sentence in confinement. On appeal, the Defendant argues that the manner of service of his sentence is improper. After a thorough review of the record and the applicable law, we affirm the judgments of the trial court.