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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT KNOXVILLE
Assigned on Briefs March 19, 2002

STATE OF TENNESSEE v. ADRIAN DEE CLARK
Appeal from the Criminal Court for Hamilton County
No. 234808 Stephen M. Bevil, Judge

No. E2001-01302-CCA-R3-CD
April 4, 2002

The Defendant, Adrian Dee Clark, pled guilty to one count of aggravated assault.  After a sentencing hearing, the trial court sentenced the Defendant as a Range I standard offender to serve five (5) years in the Department of Correction.  On appeal, the Defendant contends that the trial court erred by (1) sentencing him to five years and (2) denying him probation or alternative sentencing.  We affirm the judgment of the trial court.

Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Criminal Court Affirmed
DAVID H. WELLES, J., delivered the opinion of the court, in which GARY R. WADE, P.J., and ROBERT
W. WEDEMEYER, J., joined.
Donna R. Miller, Assistant District Public Defender, Chattanooga, Tennessee, for the appellant, Adrian Dee Clark.
Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger, Assistant Attorney General; Bill Cox, District Attorney General; and Christopher Poole, Assistant District Attorney General, for the appellee, State of Tennessee.

OPINION
On August 26, 2000, the Defendant came home drunk to the house he shared with his girlfriend of three years, the victim in this case.  Angry because she had recently been unfaithful, the Defendant began to beat the victim.  The Defendant first kicked and punched the victim.  He then ordered her upstairs where he tied her to the bed with neckties.  While the victim was tied to the bed, the Defendant beat her with his fists and a belt.  The victim was eventually able to free herself and run to a neighbor

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Tennessee Law