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Posted by: Tanja Trezise on May 31, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Roger E. Nell, District Public Defender; and Timothy J. Richter, Assistant Public Defender, Springfield, Tennessee, for the appellant, Keith Allen Powell.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General & Reporter; Meredith DeVault, Senior Counsel; John W. Carney, District Attorney General; and Jason White, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): BIVINS

Keith Allen Powell (“the Defendant”) pleaded guilty to two counts of theft of property over $1,000, Class D felonies, and one count of simple possession of Lortab and Soma pills, a Class A misdemeanor. The plea agreement provided that the Defendant would serve concurrent sentences for the two theft convictions but otherwise left sentencing for all the convictions open to the trial court. At the time of sentencing, the Defendant also had a community corrections violation for an additional conviction of theft of property over $1,000. Following the sentencing hearing, the trial court sentenced the Defendant to an effective sentence of four years’ incarceration. The Defendant has appealed the trial court’s sentence, asserting that the trial court erred in requiring the Defendant to serve his sentence in confinement. Upon a thorough review of the record, we affirm the trial court’s judgments.