State v. Hannum ( 1998 )

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
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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
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