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Posted by: Tanja Trezise on Jul 25, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Brent O. Horst, Nashville, Tennessee, for the appellant, Upton Dabney, Jr.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Clark Bryan Thornton, Assistant Attorney General; Randall A. York, District Attorney General; and Beth Elana Willis, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): TIPTON

The Defendant, Upton Dabney, Jr., pleaded guilty to sexual exploitation of a minor, a Class C felony. See T.C.A. § 39-17-1003 (2010). Although the Defendant agreed to a six-year sentence with the manner of service to be determined by the trial court, the court sentenced the Defendant as a Range I, standard offender to one year’s confinement and ten years on community corrections. On appeal, the Defendant contends that (1) his ten-year community corrections sentence is excessive and (2) the trial court erred by ordering one year’s confinement. We reverse the ten-year community corrections sentence and remand the case for the trial court to enter a judgment reflecting a sentence of one year’s confinement and five years on community corrections.