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Posted by: Landry Butler on Oct 3, 2017

Court: TN Court of Criminal Appeals

Attorneys 1:

Jefre S. Goldtrap, Nashville, Tennessee, for the appellant, Brijesh Mukesh Desai.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Alexander C. Vey, Assistant Attorney General; Kim R. Helper, District Attorney General; and Kelly A. Lawrence, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): HOLLOWAY

Brijesh Mukesh Desai, the Defendant, entered a negotiated guilty plea to Class C felony issuing or passing a worthless check in the amount of $10,000 or more but less than $60,000. The plea agreement provided that the Defendant would be sentenced as a Range I standard offender; the sentence would be between three and six years; there would be a possibility of diversion; restitution would be $18,871.34; and the manner of service was to be determined by the trial court at a later hearing. Following the sentencing hearing, the trial court sentenced the Defendant to six years’ probation following the service of forty-five days in jail. The Defendant now appeals, claiming that the trial court erred in accepting his plea of guilty. However, the Defendant did not reserve the right to appeal a certified question of law or seek review of his sentence, nor do any other grounds for direct appeal under Tennessee Rule of Appellate Procedure 3(b) exist. Because the Defendant has no right to a direct appeal from his guilty plea, the appeal is dismissed.