State v. Tammy Elliott

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT JACKSON

JULY 31, 1998 SESSION

STATE OF TENNESSEE, ) ) NO. 02C01-9803-CC-00070 Appellee, ) ) HARDIN COUNTY NO. 7580 VS. ) ) HON. C. CREED MCGINLEY, TAMMY MAE ELLIOTT,

Appellant. ) ) ) JUDGE

AFFIRMED - RULE 20 FILED September 11, 1998 ORDER Cecil Crowson, Jr. Appellate C ourt Clerk

On October 15, 1997, the defendant, Tammy Mae Elliott, pled guilty to child

abuse of a child under six (6) years of age, a Class D felony. On December 1,

1997, she was sentenced to two (2) years in the Department of Correction. She

had been continuously incarcerated since June 13, 1997, and remained

incarcerated after sentencing. Pursuant to Tenn. Code Ann. § 40-35-501,

defendant was issued a certificate of probation from the Tennessee Department of

Correction effective January 14, 1998.

The sole issue on appeal is whether the trial court erred in denying

alternative sentencing. Since the defendant has now been granted probation, the

issue is moot. See State v. Samuel D. Perry, C.C.A. No. 02C01-9611-CR-00435,

Shelby County (Tenn. Crim. App. filed January 29, 1998, at Jackson); State v. Terry

Moore, C.C.A. No. 02C01-9509-CC-00257, Madison County (Tenn. Crim. App. filed

August 2, 1996, at Jackson).

It is, therefore, ordered that the judgment of the trial court is affirmed

pursuant to Rule 20, Tennessee Court of Criminal Appeals. Costs are taxed to the

state as it appears defendant is indigent.

___________________________ JOE G. RILEY, JUDGE

___________________________ PAUL G. SUMMERS, JUDGE

___________________________ DAVID G. HAYES, JUDGE