State v. Bryce

OPINION

DWYER, Judge.

The appellant was sentenced to two consecutive five-year prison terms after pleading guilty to two counts of sexual battery, T.C.A. § 39-2-607. Appellant was indicted for aggravated sexual battery but was allowed to plead guilty to simple sexual battery on March 23, 1983. The trial judge entered an order on June 24, 1983, holding that he lacked jurisdiction to grant probation but conditionally ruling that should the appellate court find that he had jurisdiction, he would only suspend the second five-year sentence. Appellant appeals as of right from the denial of probation.

A…