STATE OF TENNESSEE v. ASTIN D. HILL - Articles

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Posted by: Tanja Trezise on Feb 20, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

George Morton Googe, District Public Defender; and Gregory D. Gookin, Assistant Public Defender, for the appellant, Astin D. Hill.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Clark B. Thornton, Assistant Attorney General; James G. Woodall, District Attorney General; and Brian Gilliam, Assistant District Attorney General; for the appellee, State of Tennessee.

Judge(s): THOMAS

The Defendant, Astin D. Hill, contends that the trial court improperly (1) denied all forms of alternative sentencing in direct contravention of Tennessee Code Annotated section 40-35- 122, which prohibits continuous confinement for non-violent property offenses, and (2) imposed consecutive sentencing based on its erroneous finding that the Defendant had an extensive criminal history. After a review of the record and the applicable authorities, we conclude that the trial court’s failure to follow the dictates of section 40-35-122 was in error and affirm in part, reverse in part, and remand the case for resentencing.

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