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Posted by: Chandra Williams on Apr 22, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

Stephen Bush, District Public Defender (on appeal); Phyllis Aluko (on appeal), and Amy Mayne (at trial), Assistant District Public Defenders, for the appellant, Mark Alan Hager.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Jeffrey D. Zentner, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Stacy McEndree and Alanda Dwyer, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): THOMAS

The Defendant, Mark Alan Hager, pled guilty to a charge of burglary of a motor vehicle and to a charge of theft of property valued at $1,000 or more. See Tenn. Code Ann. §§ 39-14-402, -103, -105(a)(3). Pursuant to the plea agreement, the defendant received concurrent terms of one year and three years respectively, on community corrections. Subsequently, the Defendant’s community corrections sentence was revoked, and upon revocation, the trial court imposed a new total effective sentence of six years. In this appeal as of right, the Defendant contends (1) that the trial court erred in imposing consecutive sentences, and (2) that the trial court erred in not awarding sufficient credit for time served on community corrections. Following our review, we affirm the trial court’s imposition of consecutive sentences; however, we remand this case to correct the judgments to reflect the full measure of the Defendant’s community corrections credit.