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Posted by: Tanja Trezise on Jun 18, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Brent Horst, Nashville, Tennessee, for the appellant, Randall Grainger.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; Victor S. (Torry) Johnson, III, District Attorney General; and Megan King, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge(s): WOODALL

Following a bench trial Defendant, Randall Grainger, was convicted of three counts of knowingly violating a condition of community supervision for life, with each condition violated not in itself constituting a criminal offense, in violation of Tennessee Code Annotated section 39-13-526 (a),(b)(1). Each conviction is a Class A misdemeanor. The trial court imposed a sentence of eleven (11) months and twenty-nine (29) days for each conviction and ordered the sentences to be served concurrently with each other. The trial court suspended all of the effective sentence of eleven (11) months and twenty-nine (29) days except for ten (10) days’ incarceration, followed by eleven (11) months and nineteen (19) days of probation. In his appeal Defendant presents two issues for this Court’s review. First, Defendant asserts that the convictions should be reversed and the charges dismissed because Tennessee Code Annotated section 39-13-524(d)(1) violates Article II, section 3 of the Tennessee Constitution. Second, Defendant argues that the conviction based upon his failure to successfully complete sex offender treatment violates his right to due process guaranteed by both the United States Constitution and the Tennessee Constitution. After a thorough review of the record, the parties’ briefs, and the applicable law, we affirm the judgments of the trial court.