STATE OF TENNESSEE v. KRISTOPHER BLAKE KINCER - Articles

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Posted by: Tanja Trezise on Apr 9, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Stephen M. Wallace, District Public Defender; and Joseph F. Harrison, Assistant District Public Defender, for the appellant, Kristopher Blake Kincer.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Meredith DeVault, Senior Counsel; Barry P. Staubus, District Attorney General; and James F. Goodwin, Jr., Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): TIPTON

The Defendant, Kristopher Blake Kincer, pleaded guilty as a Range I offender to theft of property valued at $1000 or more but less than $10,000, a Class D felony. See T.C.A. § 39- 14-103 (Supp. 2013) (theft of property); 39-14-105(a)(3) (2010) (amended 2012) (grading of theft). The plea agreement called for a two-year sentence, and the trial court ordered that the sentence be served in confinement. On appeal, the Defendant contends that the trial court erred in denying alternative sentencing. We reverse the judgment of the trial court and remand the case for the Defendant to be sentenced to community corrections.

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