State v. Correll

OPINION

FONES, Justice.

The only issue on this direct appeal in a criminal case is whether excluding convictions for selling schedule I or II controlled substances from eligibility for suspended sentences violates the equal protection clauses of the State or Federal Constitutions.

Appellant received a sentence of not less than four years nor more than seven years for selling cocaine in violation of T.C.A. § 52-1432(a)(l)(B). The trial judge denied defendant’s petition for probation for the reason that the statute authorizing the suspension of sentences, T.C.A. § 40-2901, excludes from…