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Posted by: Stacey Shrader Joslin on Jun 19, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Michael J. Flanagan, Nashville, Tennessee, for the Defendant-Appellant, Terry Michael Allen.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Senior Counsel; Kim R. Helper, District Attorney General; and Sean B. Duddy, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge(s): MCMULLEN

The Defendant-Appellant, Terry Michael Allen, was indicted by a Hickman County Grand Jury for delivery of a Schedule III controlled substance, a Class D felony. See T.C.A. § 39- 17-417 (2010). Pursuant to his plea agreement, Allen entered an open guilty plea to the charged offense in exchange for a sentence of two years as a Range I, standard offender, with the manner of service of the sentence to be determined by the trial court. The trial court subsequently ordered Allen to serve his sentence of two years in the Tennessee Department of Correction. On appeal, Allen argues that the trial court erred in denying him a sentence of full probation or an alternative sentence. Upon review, we affirm the judgment of the trial court.