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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE
Assigned on Briefs November 20, 2002 STATE OF TENNESSEE v. CLARK DOUGLAS LIVELY
Direct Appeal from the Circuit Court for Cheatham County No. 13745 Allen W. Wallace, Judge

No. M2002-00666-CCA-R3-CD - Filed December 6, 2002

The defendant pled guilty to attempted second degree murder, and the trial court imposed a ten-year sentence. He appeals his sentence, arguing he should have received the minimum sentence of eight years with alternative sentencing. We affirm the judgment of the trial court. Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Affirmed JOE G. RILEY, J., delivered the opinion of the court, in which DAVID H.WELLES and ALAN E. GLENN, JJ., joined. Michael J. Flanagan, Nashville, Tennessee, for the appellant, Clark Douglas Lively. Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; Dan M. Alsobrooks, District Attorney General; and Robert S. Wilson, Assistant District Attorney General, for the appellee, State of Tennessee. OPINION On January 19, 2001, the defendant stabbed his live-in girlfriend twice in the stomach before stabbing himself. He was indicted for attempted first degree murder and pled guilty to the reduced charge of attempted second degree murder. Following a sentencing hearing, the trial court imposed a ten-year sentence to be served in the Department of Correction. On appeal, the defendant asserts his sentence is excessive, and he should have received the minimum sentence of eight years with alternative sentencing. I. STANDARD OF REVIEW This court's review of the sentence imposed by the trial court is de novo with a presumption of correctness. Tenn. Code Ann.

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