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Posted by: Tanja Trezise on Jan 29, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

R. Todd Mosley, Memphis, Tennessee, (on appeal), and James DeRossitt, Memphis, Tennessee, (at trial), for the appellant, William Jernigan.

Attorneys 2:

Herbert H. Slatery, III, Attorney General and Reporter; Meredith Devault, Senior Counsel; Amy P. Weirich, District Attorney General; and Kevin Rardin, and Marques Young, Assistant District Attorneys General, for the appellee, the State of Tennessee.

Judge(s): WOODALL

Defendant, William Jernigan, entered into a negotiated plea agreement and pled guilty as charged in a two-count criminal information to the Class D felony offense of possession with intent to sell Alprazolam and to the Class E felony offense of possession with intent to sell one-half ounce or more of marijuana. The agreed sentences were thirty months for the Class D felony and two years for the Class E felony, to be served concurrently. Reserved for determination by the trial court was what amount, if any, of the effective sentence of thirty months would be served on probation. At the sentencing hearing, Defendant sought full probation. The State requested that Defendant be incarcerated “at least for a time” because Defendant was “not worthy of complete probation.” From the bench at the conclusion of the sentencing hearing the trial court ordered the sentence to be served by split confinement as follows: sixty days’ incarceration in the Shelby County workhouse followed by thirty months’ probation. Defendant appeals, arguing that the trial court should have granted full probation. We affirm the judgments of conviction and sentence of the trial court but reverse the trial court’s order of stay of incarceration which was filed after the notice of appeal conferred jurisdiction with this Court.