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State v. Jordan

Court of Criminal Appeals of Tennessee, Nashville

June 27, 2017

STATE OF TENNESSEE
v.
TERRY CHARLES JORDAN

          Assigned on Briefs April 26, 2017 at Knoxville

         Appeal from the Circuit Court for Bedford County No. 18065 Forest A. Durard, Jr., Judge

         Following the Defendant's, Terry Charles Jordan's, guilty-pleaded conviction for felony failure to appear, the trial court imposed a sentence of four years' incarceration. The Defendant appeals, arguing that the trial court erred in enhancing his sentencing term to the maximum within the range because several of his felony convictions should have been merged. Following our review of the record, we affirm the judgment of the trial court.

         Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Affirmed

          Guy R. Dotson, Jr., Murfreesboro, Tennessee, for the appellant, Terry Charles Jordan.

          Herbert H. Slatery III, Attorney General and Reporter; Renee W. Turner, Senior Counsel; Robert J. Carter, District Attorney General; and Michael D. Randles, Assistant District Attorney General, for the appellee, State of Tennessee.

          D. Kelly Thomas, Jr., J., delivered the opinion of the court, in which Robert L. Holloway, Jr., and Robert H. Montgomery, Jr., JJ., joined.

          OPINION

          D. KELLY THOMAS, JR., JUDGE.

         FACTUAL BACKGROUND

         On February 18, 2016, the Defendant entered an "open" guilty plea to failure to appear, a Class E felony. See Tenn. Code Ann. § 39-16-609. The State offered the following recitation of facts supporting the Defendant's plea:

[B]ack in March of 2015 the [D]efendant entered pleas of guilty to several meth related charges and possession of a firearm during a dangerous felony charge. There was an agreed-to sentence of [eight] years, a portion of it at [one hundred percent]. A portion of it at [thirty] percent.
I believe he was initially given a report date of April 20, 2015. Report to jail to begin serving the sentence or what he was supposed to do was come to court and turn himself in.
I believe he came to court that day and requested an additional day because he had a social security disability hearing that next day.
The [c]ourt granted him that relief and so put down an order that he was to report the next day on April 21, 2015, to jail to begin serving his sentence. He didn't report. It was ...

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