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Posted by: Tanja Trezise on Jul 19, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Michael A. Colavecchio, Nashville, Tennessee, for the appellant, Latonya Deon Dalton.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Meredith Devault, Senior Counsel; Victor S. Johnson, III, District Attorney General; and Brian Holmgren, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): GLENN

Upon her indictment for six counts of aggravated child abuse and six counts of aggravated child neglect, the defendant, Latonya Deon Dalton, pled guilty to two counts of attempted aggravated child abuse, a Class B felony. In exchange for her pleas, the defendant received concurrent, ten-year sentences as a Range III offender, with the manner of service to be determined by the trial court. After a sentencing hearing, the court ordered that the defendant serve one year in confinement, followed by probation for the remaining balance of the agreed-upon sentence. On appeal, the defendant argues that the trial court failed to “give due consideration” to the principles of sentencing and also failed to give her nearly four months of jail credit. Following our review, we affirm the sentence imposed by the trial court. However, we remand for the trial court to determine the amount of jail credit to which the defendant is entitled and apply that toward the one-year portion of her sentence to be served in confinement.