STATE OF TENNESSEE v. TAMMY JOY OGDEN - Articles

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Posted by: Tanja Trezise on May 20, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Karen T. Fleet (on appeal), Bolivar, Tennessee, and Falen Chandler (at plea and sentencing), Somerville, Tennessee, for the appellant, Tammy Joy Ogden.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Jonathan H. Wardle, Assistant Attorney General; D. Michael Dunavant, District Attorney General; and Joe VanDyke, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): MONTGOMERY

The Defendant, Tammy Joy Ogden, pleaded guilty in case number 35CC1-2014-CR-18 to delivery of morphine, a Class C felony, and to delivery of carisoprodol, a Class D felony. See T.C.A. §§ 39-17-417(a)(2) (2012) (amended 2014) (delivery), 39-17-408(b)(1)(I) (2014) (classifying morphine as a Schedule II controlled substance), 39-17-412(c)(5) (2014) (classifying carisoprodol as a Schedule IV controlled substance). The trial court sentenced the Defendant as a Range III, persistent offender to concurrent terms of ten years? confinement for the morphine conviction and eight years? confinement for the carisoprodol conviction. In case number 35CC1-2014-CR-113, the Defendant pleaded guilty to delivery of morphine, a Class C felony, and to delivery of alprazolam, a Class D felony. See id. §§ 39-17-417(a)(2) (delivery); 39-17-408(b)(1)(I) (morphine); 39-17-412(c)(1) (classifying alprazolam as a Schedule IV controlled substance). The court sentenced the Defendant as a Range III, persistent offender to concurrent terms of ten years? confinement for the morphine conviction and eight years? confinement for the alprazolam conviction. The court also ordered the sentences in each case to be served consecutively to each other, for an effective twenty-year sentence. On appeal, the Defendant contends that the court erred by (1) denying her alternative sentencing and (2) imposing partially consecutive service of the sentences. We affirm the judgments of the trial court.

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