State v. Pettus - Tennessee Supreme Court

State v. Pettus

By Tennessee Supreme Court

  • Release Date: 1999-01-25
  • Genre: Law

Description

Jabbaul Pettus, the appellant, pleaded guilty to the unlawful possession of a Schedule II substance (cocaine) with intent to sell. Omitted from the indictment, however, was any reference to the amount of substance possessed. This omission notwithstanding, the offense was treated as a Class B felony and Pettus acquiesced in an eight-year sentence to community corrections--a term well within the range provided for Class B felonies. While on community corrections for the drug offense, Pettus committed additional offenses which resulted in his guilty plea to attempted aggravated robbery. For this new offense, the trial court imposed a six-year sentence to the Department of Correction. During the same hearing, the trial court revoked the community corrections sentence and replaced it with a ten-year term to the Department of Correction. Based on the provisions of Tenn. Code Ann. 40-35-115(b)(6) (Supp. 1994), the trial court ordered the sentences to be consecutively served.

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