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Posted by: Amelia Ferrell Knisely on May 6, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

Steven M. Wallace, District Public Defender; Andrew J. Gibbons (on appeal) and Joseph F. Harrison (at trial), Assistant District Public Defenders, for the appellant, Brian Allen Cathey.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Clarence E. Lutz, Senior Counsel; Barry P. Staubus, District Attorney General; and Andrea Black, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): EASTER

Defendant, Brian Allen Cathey, pled guilty to possession with intent to sell or deliver over one-half ounce of marijuana and to possession with the intent to use drug paraphernalia in exchange for a one-year sentence as a Range I, standard offender with the manner of service of the sentence to be determined by the trial court after a sentencing hearing. The trial court denied alternative sentencing. On appeal Defendant challenges the denial of an alternative sentence. We determine that the trial court did not abuse its discretion. Consequently, the judgments of the trial court are affirmed.