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Posted by: Chandra Williams on Dec 1, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Ronald D. Krelstein, Memphis, Tennessee, for the Appellant, Douglas Zweig.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Rachel E. Willis, Senior Counsel; Amy P. Weirich, District Attorney General, for the Appellee, State of Tennessee.

Judge(s): PAGE

Petitioner, Douglas Zweig, was convicted in 1981 of attempt to commit a felony: to wit, third degree burglary. See Tenn. Code Ann. § 39-603 (1975). He was sentenced to serve eleven months, twenty-nine days in the Shelby County Correctional Center, but the trial court suspended his sentence to two years of probation after service of thirty days in confinement. In 2014, he filed a motion under Tennessee Rule of Criminal Procedure 36, requesting that the trial court correct the judgment to reflect that he was convicted of a misdemeanor rather than a felony. The trial court denied his petition. Upon review, we conclude that petitioner’s conviction was a felony and, therefore, affirm the judgment of the trial court.