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State v. Godwin12/14/2001
In 1995, the Defendant pled guilty to four felony drug charges for which he received three concurrent eight-year sentences and one concurrent five-year sentence, to be served on Community Corrections. Subsequently, the trial court revoked the Defendant's Community Corrections sentences and ordered him to serve twelve years in the Tennessee Department of Correction. The Defendant now appeals, alleging that the trial court lacked jurisdiction to re-sentence the Defendant and that the twelve year sentence was improperly imposed. Finding no error, we affirm the judgment of the trial court.
Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Affirmed
Robert W. Wedemeyer, J., delivered the opinion of the court, in which Thomas T. Woodall and Norma McGee Ogle, JJ., joined.
OPINION
I. FACTS
On February 7, 1995, the Obion County Grand Jury indicted the Defendant for three counts of selling .5 grams or more of cocaine, a Class B felony; one count of possession with intent to sell cocaine, a Class C felony; and one count of public intoxication, a Class C misdemeanor.
On February 27, 1995, the Defendant pled guilty to the three charges of selling cocaine and was sentenced to eight years for each conviction, to be served on Community Corrections with Westate Corrections Network. The trial court ordered that each of the eight- year sentences run concurrently with the others. In addition, each judgment indicates that the Defendant was to serve six months in jail. The Defendant also pled guilty to the Class C felony charge of possession of cocaine with intent to sell and received a five-year sentence with Westate Corrections Network. The Defendant was ordered to serve six months in jail, and the sentence was to be served concurrently with the other three sentences.
Subsequently, a Community Corrections violation report was filed alleging that on March 8, 1998, the Defendant was arrested and charged with DUI and evading arrest. Westate Corrections Network filed a petition requesting a criminal summons be issued for the Defendant. The trial court entered an order on June 16, 1998, issuing a criminal summons for the Defendant and setting a hearing on the Community Corrections violation for June 22, 1998. There is no indication in the record that the Defendant was ever served with the summons or that a hearing was held. On November 22, 2000, a supplemental Community Corrections violation report was filed, alleging that on November 16, 2000, the Defendant was found guilty in the Obion County General Sessions Court of evading arrest. Again, pursuant to a petition filed by Westate Corrections Network, the trial court ordered the issuance of a capias for the arrest of the Defendant. At the time of the order, the Defendant was being held in the Obion County Jail, and the capias was served.
On December 8, 2000, the trial court conducted a hearing and determined that the Defendant had violated the terms of his Community Corrections sentence. A sentencing hearing was held on January 12, 2001, at which time the trial court sentenced the Defendant to twelve years in the Tennessee Department of Correction on each of the three Class B felonies, with the sentences to run concurrently, and six years in the Tennessee Department of Correction for the Class C felony conviction, also to run concurrently with the other charges.
II. ANALYSIS
A. Jurisdiction to Re-sentence
There are four judgments in this case, three for selling .5 grams or more of cocaine, a Class B felony and one for possession with intent to sell cocaine, a Class C felony. Each judgment is dated February 27, 1995, and
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