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State v. White3/12/1999
nsuccessful, confinement is necessary. Tenn. Code Ann. § 40-35-103(1)(A) and (C). Accordingly, we find the trial court erred in granting probation.
In summary, the appellee is sentenced to the Tennessee Department of Correction as a range II multiple offender upon each conviction for violation of the MVHO Act. The sentences are ordered to run consecutive for an effective sentence of four years. A sentence of eleven months and twenty-nine days is imposed for the appellee's conviction for misdemeanor possession of marijuana. This sentence is to run concurrently with the appellee's aggregate four year sentence. The judgments of the trial court are vacated and this cause is remanded for entry of judgments consistent with this opinion.
DAVID G. HAYES, Judge
CONCUR: JOE G. RILEY, Judge JOHN EVERETT WILLIAMS, Judge
Page 1 2 3 Tennessee DUI Attorneys
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