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Posted by: Landry Butler on Apr 6, 2018

Court: TN Court of Criminal Appeals

Attorneys 1:

C. Mark Donahoe (at appeal); and Gregory D. Gookin (at sentencing), Jackson, Tennessee, for the appellant, Andrew Young Kim.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Jonathan H. Wardle, Assistant Attorney General; James G. (“Jerry”) Woodall, District Attorney General; and Shaun A. Brown, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): THOMAS

The Defendant, Andrew Young Kim, pled guilty to six counts of burglary, seven counts of theft of property in varying amounts, and one count of vandalism. Following a sentencing hearing, the trial court imposed an effective sentence of fourteen years’ incarceration. In this direct appeal, the Defendant contends that the trial court improperly sentenced him to continuous confinement for a non-violent property offense and erred in setting the length of his sentences, in denying all forms of alternative sentencing, and in imposing partially consecutive sentences. Upon a thorough review of the record below and applicable law, we affirm the trial court’s order as to the length of the Defendant’s sentences, the denial of any alternative sentence, and the partial consecutive sentence alignment, but reverse the trial court’s order of continuous confinement for the Defendant’s Class E felony conviction for theft of property (Count 14), an enumerated non-violent property offense in Tennessee Code Annotated section 40-35-122(c)(11). Upon our de novo review of Count 14, we order that the Defendant’s two-year sentence on that count be served on supervised probation with the imposition of $1000 fine. Moreover, for reasons stated herein, Counts 7 through 10 are remanded for correction of clerical errors in the judgment forms. In all other respects, the judgments are affirmed.