Court of Criminal Appeals of Tennessee, Nashville
Assigned on Briefs April 26, 2017 at Knoxville
from the Circuit Court for Bedford County No. 18065 Forest A.
Durard, Jr., Judge
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.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
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.
Kelly Thomas, Jr., J., delivered the opinion of the court, in
which Robert L. Holloway, Jr., and Robert H. Montgomery, Jr.,
KELLY THOMAS, JR., JUDGE.
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
[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