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Posted by: Tanja Trezise on Feb 4, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

R. Wayne Culbertson, Kingsport, Tennessee, for the Appellant, Randy Carl Hass.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel Willis, Assistant Attorney General; William E. Young, Solicitor General; Benjamin A. Ball, Senior Counsel, Criminal Justice Division; Barry Staubus, District Attorney General, and William Harper, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge(s): JONES

As part of a plea agreement, the Appellant, Randy Carl Hass, pled guilty to several counts of facilitation of sexual exploitation of a minor and official misconduct. The parties agreed to a sentence of twenty years, with fifteen of those years to be served under supervised probation. The Appellant applied for probation or alternative sentencing for the remainder of his sentence. The trial court denied the application, ruling that the remaining five years of the sentence would be served in confinement. On appeal, the Appellant contends that the trial court committed an abuse of discretion in denying probation or alternative sentencing and that this decision is not entitled to the presumption of reasonableness. The State disagrees. Upon review, we conclude that the trial court did not abuse its discretion by denying alternative sentencing or extending probation and ordering the Appellant to serve five years of the sentence in confinement. We therefore affirm the judgment of the trial court.