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Posted by: Tanja Trezise on Mar 30, 2015

Head Comment: CORRECTION: On Page 1 the offense of "especially aggravated robbery" has been corrected to be "especially aggravated burglary"

Court: TN Court of Criminal Appeals

Attorneys 1:

Gregory D. Smith, Clarksville, Tennessee, for the appellant, Jeremy D. McWherter.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Meredith DeVault, Senior Counsel; John W. Carney, District Attorney General; and Kimberly Lund, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WOODALL

Defendant, Jeremy McWherter, pled guilty in the Montgomery County Criminal Court to the offense of especially aggravated burglary. Defendant received a sentence of eight years to serve one year in confinement followed by seven years of probation. On March 26, 2014, a probation violation warrant was issued. Following a hearing, the trial court revoked probation and ordered Defendant to serve the balance of his sentence by incarceration. Defendant appeals, and does not challenge the revocation of probation, but argues that the trial court erred by ordering the entire sentence to be served by incarceration and not granting him a furlough to enter an alcohol rehabilitation program. We affirm the judgment of the trial court.