STATE OF TENNESSEE v. TERRANCE E. KINDALL - Articles

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Posted by: Suzanne Craig Robertson on Jul 8, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Russell N. Perkins, Murfreesboro, Tennessee, for the Appellant, Terrance E. Kindall.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Jeffrey D. Zentner, Assistant Attorney General; William C. Whitesell, Jr., District Attorney General; and Shawn Puckett, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge(s): OGLE

The appellant, Terrance E. Kindall, appeals the Rutherford County Circuit Court?s revoking his community corrections sentence for carjacking and ordering that he serve the balance of his sentence in confinement. Based upon the record and the parties? briefs, we conclude that the appellant was statutorily ineligible for community corrections. Therefore, the appellant?s community correction sentence is vacated, and the case is remanded to the trial court for an evidentiary hearing to determine whether the illegal sentence was a bargained-for element of the appellant?s plea agreement.

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