Frazier v. State

OPINION

TATUM, Judge.

The defendants appeal from the action of the Trial Court in refusing them probation. They were sentenced to not less than three years nor more than three years in the State Penitentiary after pleading guilty to second-degree burglary. A jury was waived.

The defendants were convicted on 12 October 1976, at which time the Trial Judge ordered a probation report. The probation report was not filed within ten days as required by T.C.A. § 40-2904. The Trial Judge delayed a hearing until 4 December 1976, but still having received no probation report, he granted the defendants a…