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Posted by: Stacey Shrader Joslin on Sep 2, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

John Milton Meadows, III, Livingston, Tennessee, for the appellant, Joseph R. Vibbert.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Benjamin A. Ball, Senior Counsel; Bryant C. Dunaway, District Attorney General; and Mark Edward Gore, Deputy District Attorney General, for the appellee, State of Tennessee.

Judge(s): THOMAS

The Defendant, Joseph R. Vibbert, was indicted for two counts of sexual battery by an authority figure, a Class C felony. See Tenn. Code Ann. § 39-13-527. The Defendant pled guilty to one count of sexual battery, a Class E felony, and the second count was dismissed. See Tenn. Code Ann. § 39-13-505. The trial court sentenced the Defendant as a Range I, standard offender to two years to be served in confinement. In this appeal as of right, the Defendant contends (1) that the trial court erred by denying his request for judicial diversion; and (2) that the trial court erred by denying his request for an alternative sentence. Following our review, we affirm the judgment of the trial court.