State of Tennessee v. Roger Alexander - Concurring
This text of State of Tennessee v. Roger Alexander - Concurring (State of Tennessee v. Roger Alexander - Concurring) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs December 10, 2003
STATE OF TENNESSEE v. ROGER V. ALEXANDER
Direct Appeal from the Circuit Court for Humphreys County No. 10125 Allen W. Wallace, Judge
No. M2002-02185-CCA-R3-CD - Filed March 2, 2004
DAVID G. HAYES, Judge, concurring.
I join with the majority in concurring that the Defendant is not entitled to the alternative sentence of Community Corrections. The Defendant is a Range II multiple offender, possessing a criminal history evincing a clear disregard for the law and whose past efforts at rehabilitation have failed. Thus, in the absence of evidence to the contrary, he is not entitled to the presumption in favor of alternative sentencing. Tenn. Code Ann. § 40-35-102(6). For this reason, I would affirm.
__________________________________________ David G. Hayes, Judge
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