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Posted by: Tanja Trezise on Jun 26, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Mike A. Little, Chattanooga, Tennessee, for the appellant, Alan Robert Benjamin.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; DeShea Dulany Faughn, Assistant Attorney General; William H. Cox, III, District Attorney General; and Bill Hall, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): OGLE

The appellant, Alan Robert Benjamin, pled guilty in the Hamilton County Criminal Court to two counts of robbery and one count of attempted aggravated robbery. The trial court sentenced the appellant as a Range I, standard offender to five years for each offense, with the sentences to be served consecutively for a total effective sentence of fifteen years. The court ordered the appellant to serve eleven months and twenty-nine days confinement for each offense, with the remainder of the sentence to be served on supervised probation. On appeal, the appellant challenges the length of the sentences imposed by the trial court, the imposition of consecutive sentencing, and the denial of full probation. Upon review, we conclude that the trial court erred by allowing the appellant to choose between two proposed sentencing options. Therefore, the judgment of the trial court is reversed and the case is remanded for resentencing in accordance with the purposes and principles of the Sentencing Act.