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Posted by: Tanja Trezise on May 7, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Karen McDonald, Nashville, Tennessee, for the appellant, Dusty Ross Binkley.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Clark B. Thornton, Senior Counsel; Victor S. Johnson III, District Attorney General; and Pamela Sue Anderson, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): PAGE

Appellant, Dusty Ross Binkley, pleaded guilty to manufacture of methamphetamine and possession of a firearm during the commission of a dangerous felony and received an effective eight-year sentence to be served in community corrections. His sentence was revoked after he received new charges, and the trial court aligned the original sentence consecutively to the sentences for the new offenses. Appellant later filed a Motion to Correct Illegal Sentences pursuant to Tennessee Rule of Criminal Procedure 36.1, which the trial court denied after a hearing. On appeal, he argues that trial court incorrectly aligned his original sentences consecutively to his sentences for his new offenses. Following our review, we affirm the judgment of the trial court.