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Posted by: Tanja Trezise on Sep 13, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Robert L. Jolley, Jr., Knoxville, TN, for the Defendant-Appellant, Jeremy Mulkey.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Deshea D. Faughn, Assistant Attorney General; R. Steven Bebb, District Attorney General; and Steve Morgan, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge(s): MCMULLEN

Pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure, the State appeals the manner of service of the sentence ordered by the Criminal Court for McMinn County. As a Range I, standard offender, the Defendant, Jeremy Mulkey, entered a plea of guilty to vandalism of $1,000 or more but less than $10,000, a Class D felony, vandalism of $10,000 or more but less than $60,000, a Class C felony, and reckless endangerment, a Class E felony. The trial court sentenced the Defendant, consistent with the plea agreement, to concurrent terms of four years for Class D felony vandalism; four years for Class C felony vandalism and two years for reckless endangerment. After conducting a sentencing hearing, the trial court ordered the Defendant to serve his sentence in the community corrections program. In doing so, the State argues that the trial court abused its discretion because the Defendant pleaded guilty to reckless endangerment, a crime against the person, and therefore, failed to meet the minimum statutory requirements to be sentenced under the Community Corrections Act. Tenn. Code Ann. § 40-36-106 (2012). Upon review, we reverse and remand for resentencing.