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State v. Sanders

Court of Criminal Appeals of Tennessee, Jackson

November 16, 2017

STATE OF TENNESSEE
v.
DESHAN SANDERS

          Assigned on Briefs July 11, 2017

         Appeal from the Circuit Court for Henderson County No. 14-069-2 Donald H. Allen, Judge

         The Defendant, Deshan Sanders, received a five-year suspended sentence pursuant to a plea agreement, but that sentence was later fully revoked after a hearing. The Defendant then filed a motion to reduce his sentence, asking the trial court to reconsider its revocation decision. The Defendant appeals the denial of his motion. Upon review, we affirm the judgment of the Henderson County Circuit Court.

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

          Samuel W. Hinson, for the appellant, Deshan Sanders.

          Herbert H. Slatery III, Attorney General and Reporter; Renee W. Turner, Senior Counsel; James G. ("Jerry") Woodall, District Attorney General; and Angela R. Scott, Assistant District Attorney General, for the appellee, State of Tennessee.

          D. Kelly Thomas, Jr., J., delivered the opinion of the court, in which Norma McGee Ogle and Camille R. McMullen, JJ., joined.

          OPINION

          D. KELLY THOMAS, JR., JUDGE.

         FACTUAL BACKGROUND

         The record in this case consists only of the technical record, which contains the pleadings, orders, motions, notices, and other documents that were filed in the trial court. Indeed, the technical record contains a notice filed by the Defendant's attorney that, pursuant to Tennessee Rule of Appellate Procedure 24(d), "no transcript shall be filed in this matter." While the notice also provides that the Defendant is "not precluded . . . from filing a Statement of the Evidence" under the Rule, no such Statement of the Evidence appears in the record, indicating counsel's intention to rely entirely on the technical record.

         From the sparse record, it appears that the Defendant pled guilty on August 19, 2014, to aggravated assault, misdemeanor theft, and simple possession of marijuana. See Tenn. Code Ann. §§ 39-13-102, -14-103, -17-418. In exchange for his plea, the Defendant received an effective five-year sentence as a Range I, standard offender, which was suspended to "probation supervised by Community Corrections" following service of sixty days' incarceration.

         Thereafter, a violation affidavit and warrant were issued against the Defendant on June 8, 2016. Specifically, the affidavit alleged that the Defendant violated the conditions of his suspended sentence as follows:

1. Fail to obey the law; [the Defendant] was arrested by Lexington Police Dept. on 5/28/16 and charge[d] with Aggravated Assault with [a] Deadly Weapon, Reckless Endangerment.
2. Fail to make monthly court payments as ordered; [the Defendant] has not made monthly court payments toward court cost/fines. [The Defendant] has paid a total ...

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