State v. Hannum

• Court: Court of Criminal Appeals of Tennessee
• Decided: June 26, 1998
• Docket: 03C01-9710-CC-00480
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT KNOXVILLE FILED MAY 1998 SESSION June 26, 1998

Cecil Crowson, Jr. Appellate C ourt Clerk STATE OF TENNESSEE, ) ) Appellee, ) No. 03C01-9710-CC-00480 ) ) Blount County v. ) ) Honorable D. Kelly Thomas, Jr., Judge ) REGINALD HANNUM, ) (Sentencing) ) Appellant. )

For the Appellant: For the Appellee:

Raymond Mack Garner John Knox Walkup District Public Defender Attorney General of Tennessee and and Natalee Hurley Todd R. Kelley 419 High Street Assistant Attorney General of Tennessee Maryville, TN 37804 425 Fifth Avenue North (AT TRIAL) Nashville, TN 37243-0493

Julie A. Martin Michael L. Flynn P.O. Box 426 District Attorney General Knoxville, TN 37901-0426 and (ON APPEAL) Philip Morton Assistant District Attorney General 363 Court Street Maryville, TN 37804

OPINION FILED:____________________

REVERSED AND REMANDED

Joseph M. Tipton Judge OPINION

The defendant, Reginald Hannum, appeals as of right from the Blount

County Circuit Court’s denying him a community corrections sentence. Upon his pleas

of guilt, the defendant was convicted of two counts of knowingly delivering one-half

gram or more of cocaine, and he received concurrent nine-year sentences. The trial

court held that the nine-year sentences rendered the defendant ineligible for a

community corrections sentence. The defendant now contends that he is eligible for

such a sentence and requests that we place him in the community corrections program.

The state concedes that he is eligible. We remand the case for consideration of a

community corrections sentence.

The trial court stated that it believed that a person who receives a

sentence over eight years in length -- the maximum allowed for probation

consideration -- is not eligible for a community corrections sentence. However, the

Community Corrections Act contains no such limitation for persons “who are convicted

of property-related, or drug/alcohol-related felony offenses or other felony offenses not

involving crimes against the person as provided in title 39, chapter 13, parts 1-5 . . . .”

T.C.A. § 40-36-106(a)(2). “An accused who meets the minimum criteria set forth in

subsection (a) of Tenn. Code Ann. § 40-36-106 is eligible for sentencing pursuant to the

Act regardless of the length of the sentence imposed by the trial court.” State v. Lanny

Crowe, No. 01-C-01-9503-CC-00064, Wayne County, slip op. at 2 (Tenn. Crim. App.

July 6, 1995).

As for the defendant’s request that we impose a community corrections

sentence, we note that the record is insufficient for us to make such a determination.

Our de novo review of sentencing requires us to consider the same matters that the trial

court must consider pursuant to T.C.A. § 40-35-210. In this respect, the record does

2 not contain the guilty plea hearing at which relevant facts and circumstances

surrounding the offenses may have been disclosed.

In consideration of the foregoing, we remand the case to the trial court for

its consideration of a community corrections sentence.

_____________________________ Joseph M. Tipton, Judge

CONCUR:

___________________________ Joe G. Riley, Judge

___________________________ Curwood Witt, Judge