[DOWNLOAD] "State v. Mounger" by Tennessee Court of Appeals * eBook PDF Kindle ePub Free

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eBook details

• Title: State v. Mounger
• Author : Tennessee Court of Appeals
• Release Date : January 25, 1999
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

Sullivan County Honorable Phyllis H. Miller, Judge (Denial of Probation) REVERSED AND REMANDED OPINION The defendant, Woodrow Wilson Mounger, pleaded guilty in the Sullivan County Criminal Court to incest, a Class C felony, statutory rape, a Class E felony, and three counts of sexual battery, also Class E felonies. In accordance with the plea agreement, the defendant received an effective six-year sentence. 1 After a sentencing hearing, the trial court denied the defendant's request for alternative sentencing and ordered him to serve his sentence in the Department of Correction. The defendant appeals pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure contending that the trial court erred by refusing to permit Dr. Thomas Schacht to testify at the sentencing hearing and by denying the defendant full probation or another form of alternative sentence. For the reasons discussed below, we reverse the judgment and remand the case to the trial court for a new sentencing hearing. When an accused challenges the length, range, or manner of service of a sentence, this court has the duty to conduct a de novo review of the sentence with a presumption that the determinations made by the trial court are correct. Tenn. Code Ann. § 40-35-401(d) (1997). This presumption is ""conditioned upon the affirmative showing in the record that the trial court considered the sentencing principles and all relevant facts and circumstances."" State v. Ashby, 823 S.W.2d 166, 169 (Tenn. 1991).

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