State of Tennessee v. Roger Alexander - Concurring ( 2004 )

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT NASHVILLE
Assigned on Briefs December 10, 2003
STATE OF TENNESSEE v. ROGER V. ALEXANDER
Direct Appeal from the Circuit Court for Humphreys County
No. 10125 Allen W. Wallace, Judge
No. M2002-02185-CCA-R3-CD - Filed March 2, 2004
DAVID G. HAYES, Judge, concurring.
I join with the majority in concurring that the Defendant is not entitled to the alternative
sentence of Community Corrections. The Defendant is a Range II multiple offender, possessing a
criminal history evincing a clear disregard for the law and whose past efforts at rehabilitation have
failed. Thus, in the absence of evidence to the contrary, he is not entitled to the presumption in favor
of alternative sentencing. Tenn. Code Ann. § 40-35-102(6). For this reason, I would affirm.
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David G. Hayes, Judge