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Posted by: Suzanne Craig Robertson on Jun 9, 2017

Court: TN Court of Criminal Appeals

Attorneys 1:

Steven E. Smith, District Public Defender; and Kevin L. Loper, Assistant Public Defender, Chattanooga, Tennessee, for the appellant, Adarius Dewayne Garth.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Lacy Wilber, Senior Counsel; M. Neal Pinkston, District Attorney General; and Cameron Williams, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WOODALL

Defendant, Adarius Dewayne Garth, was indicted by the Hamilton County Grand Jury for two counts of attempted first degree murder, domestic aggravated assault, aggravated assault, reckless endangerment, and employing a firearm during the commission of a dangerous felony. Defendant entered an “open” guilty plea to the lesser-included offense of reckless aggravated assault, and the remaining charges were dismissed on motion by the State. Following a sentencing hearing, the trial court sentenced Defendant to four years’ incarceration as a Range I offender. Defendant appeals the length and manner of service of his sentence. Following a careful review of the record, we affirm the judgment of the trial court.