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Posted by: Tanja Trezise on Apr 17, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

William A. Kennedy, Assistant Public Defender, Blountville, Tennessee, for the appellant, Marvin Lee Keeling.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General & Reporter; Lacy Wilber, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; William Harper and Teresa Nelson, Assistant District Attorneys, for the appellee, State of Tennessee.

Judge(s): BIVINS

Marvin Lee Keeling (“the Defendant”) was convicted by a jury of one count of kidnapping, two counts of aggravated burglary, one count of assault causing bodily injury, and one count of assault by offensive touching. After a hearing, the trial court denied judicial diversion and sentenced the Defendant as a Range I offender to five years for the kidnapping conviction, five years for each of the aggravated burglary convictions, eleven months and twenty-nine days for the assault causing bodily injury conviction, and six months for the assault by offensive touching conviction, all to be served concurrently, for an effective sentence of five years. The trial court ordered the Defendant to serve one year of his sentence confined in the county jail with five years of probation. In this direct appeal, the Defendant contends that (1) the evidence is not sufficient to support his kidnapping conviction; (2) the trial court erred in denying judicial diversion; and (3) the trial court erred in denying full probation. Upon our thorough review of the record and relevant authorities, we affirm the trial court’s judgments.