State v. Staten

OPINION DAUGHTREY, Judge.

The defendant, Richard Staten, pleaded guilty to bank robbery and was sentenced to the statutory minimum of 20 years imprisonment. TCA § 39-2-502. On appeal, we are asked to determine whether he must continue to serve that sentence in the penitentiary, or whether he should be released to participate in an alternative sentencing plan.

Initially, the trial court ordered that Staten, who had been incarcerated since arrest, serve an additional six months in jail and then be released under the Community Corrections Act, TCA § 40-36-106. The state objected and gave timely…