State v. Tammy Elliott ( 1998 )

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