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Posted by: Tanja Trezise on Nov 7, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

H. Garth Click (on appeal), Springfield, Tennessee; and Anne Kroeger (at hearing), Assistant Public Defender, Springfield, Tennessee, for the appellant, Roy L. McAlister.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel Harmon, Assistant Attorney General; John W. Carney, District Attorney General; and Jason White, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): BIVINS

Roy L. McAlister (“the Defendant”) pleaded guilty to three counts of aggravated statutory rape and one count of sexual exploitation of a minor. Pursuant to a plea agreement, the Defendant was given an effective sentence of three years, suspended to supervised probation after service of 219 days in confinement. Upon the filing of a probation violation warrant, the Defendant was taken into custody, and a probation violation hearing was held. At the conclusion of the hearing, the trial court revoked the Defendant’s probation and ordered him to serve the remainder of his sentence in confinement. In his original appeal of the trial court’s ruling, we vacated the trial court’s judgment and remanded the case for the trial court to clarify its findings. Subsequently, the trial court issued an order clarifying its findings and affirming its previous order revoking the Defendant’s probation. The Defendant again appealed the trial court’s ruling. Upon our thorough review of the record and applicable law, we affirm the trial court’s judgment.