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Posted by: Tanja Trezise on Sep 23, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Stephen M. Wallace, District Public Defender; Joseph F. Harrison, Assistant District Public Defender for the appellant, John Anthony Garrett.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Deshea Dulany Faughn, Assistant Attorney General; Barry P. Staubus, District Attorney General; and James F. Goodwin, Jr. and Josh Parsons, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): WILLIAMS

The defendant pled guilty to one count of the sale of less than 0.5 grams of cocaine, a Class C felony, one count of delivery of less than 0.5 grams of cocaine, a Class C felony, one count of maintaining a dwelling for purposes of selling controlled substances, a Class D felony, and one count of casual exchange of marijuana, a Class A misdemeanor. After accepting the defendant’s plea, the trial court merged the defendant’s convictions concerning the sale and the delivery of cocaine. Pursuant to his plea agreement, the defendant was sentenced as a Range I, standard offender to five years for the sale of cocaine, three years for maintaining a dwelling for purposes of selling a controlled substance, and eleven months and twenty-nine days for his casual exchange. The trial court ordered the defendant to serve these sentences concurrently, resulting in a total effective sentence of five years. The defendant moved the court for alternative sentencing, but the trial court denied this motion following a hearing and ordered the defendant to serve his sentence in confinement. On appeal, the defendant claims that the trial court erred by denying his motion for alternative sentencing. After carefully reviewing the record and the arguments of the parties, we conclude that the defendant has failed to establish that the trial court abused its discretion. The judgments denying alternative sentencing are affirmed.