State v. Nicole Gray

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON

DECEMB ER SESSION, 1997

STATE OF TENNESSEE, ) C.C.A. NO. 02C01-9612-CR-00442 )

Appellee, ) NO. 95-04448; 95-04449; 95-04450;

) 95-12332; AND 95-04012 )

VS.

)

)

)

SHELBY COUNTY

HON. JOHN P. COLTON, JR.

FILED

NICOLE GRAY, ) JUDGE January 23, 1998 )

Appe llant. ) Cecil Crowson, Jr.

Appellate C ourt Clerk

ORDER

Appellant was convicted upon pleas of guilty to four counts of forgery and one count of theft of property under $500.00. She was sentenced to concurrent three-year sentences for the forgery convictions and a concurrent eleven month, twenty-nine day sentence for the theft offense. On appeal Appellant complains that the trial court erred in denying her prob ation or pla ceme nt in a com munity corrections program. After a review of the record we conclude the judgment of the trial court must be affirmed pursuant to Rule 20, Rules of the Court of Criminal Appeals.

The record reflects Appellant has three prior forgery convictions and numerous shoplifting offenses committed while she was a juvenile. When the instant offenses were committed she was still on probation for the previous forgery convictions. Under these circumstances we find no error in the trial court’s de nial of prob ation or co mm unity corre ctions pla ceme nt.

According ly, the judgment of the trial court is affirmed pursuant to Rule 20, Rules of the Court of Criminal Appeals.

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JERRY L. SMITH, JUDGE

CONCUR:

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JOE B. JONES, PRESIDING JUDGE

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J. CURWOOD WITT, JR., JUDGE