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State v. Leslie3/23/1999
de Ann. § 40-35-302(e), interprets the "thirty percent" criteria as the time period defendant Leslie must serve before being released on probation. I conclude, however, after review of the record, that the trial court's statement of "thirty percent" was intended to apply only to defendant Leslie's release eligibility date for work release or other related rehabilitative programs, not probation.
Noting the trial court's reference to a "range I offender," the majority correctly states that "release eligibility date percentages have no relationship to sentencing in misdemeanors." Thus, the majority properly concludes that the trial court's sentencing of defendant Leslie as a range I offender is misplaced and of no significance. However, the majority improperly uses this error as the basis for concluding that the trial court intended the "thirty percent" to be that part of the sentence to be served in confinement. More importantly, the majority disregards the court's sentencing of defendant Whitehead in construing defendant Leslie's sentence. In sentencing defendant Whitehead, the trial court also sentenced her as a range I standard offender, but expressly ordered that Whitehead be placed on probation after thirty days service. If, indeed, the trial court intended for defendant Leslie to receive probation after service of part of his sentence, the court could easily have done so, just as it did with defendant Whitehead. Thus, I interpret the trial court's order that defendant Leslie's sentence of eleven months, twenty-nine days be served in its entirety without any portion being suspended, Tenn. Code Ann. § 40-35-302(e); and with eligibility for release into rehabilitative programs pursuant to Tenn. Code Ann. § 40-35-302(d) at thirty percent.
Accordingly, I find the trial court's denial of probation justified under the facts presented.
DAVID G. HAYES, Judge
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