All Content

Posted by: Landry Butler on Oct 31, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

Mark E. Stephens, District Public Defender; Jonathan P. Harwell and Jessica M. Greene, Assistant Public Defenders, Knoxville, Tennessee, for the Defendant-Appellant, Michael Glenn Holt.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; John H. Bledsoe, Deputy Attorney General; Charme P. Allen, District Attorney General; and Philip H. Morton, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge(s): MCMULLEN

The Defendant, Michael Glenn Holt, entered guilty pleas in the Knox County Criminal Court to one count of theft over $500 but less than $1,000, a Class E felony, and one count of criminal trespass, a Class C misdemeanor, with an agreed combined sentence of four years with manner of service to be determined by the trial court. After failing to appear at his initial sentencing hearing, the Defendant was also charged, and subsequently pled guilty to, one count of failure to appear, a Class E felony, with the trial court to determine the length and manner of sentence. The trial court imposed a sentence of four years for the failure to appear charge, consecutive to his previous four-year sentence, for a total effective sentence of eight years’ imprisonment. On appeal, the Defendant argues that the trial court erred in imposing the maximum sentence on the failure to appear charge, that the trial court improperly denied the Defendant an alternative sentence, and that the trial court failed to consider whether the Defendant’s consecutive sentences were statutorily mandated. Upon review, we affirm the judgments of the trial court.