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IN THE SUPREME COURT OF TENNESSEE AT KNOXVILLE
May 25, 2011 Session Heard at Cookeville1 STATE OF TENNESSEE v. DAVID NAGELE
Appeal by Permission from the Court of Criminal Appeals Criminal Court for Knox County No. 75138 Bobby R. McGee, Judge

No. E2009-01313-SC-R11-CD - Filed August 25, 2011

The defendant pled guilty to attempted aggravated sexual battery and was sentenced to six years of enhanced probation. At the time, the trial court did not warn the defendant that, upon the expiration of his sentence, he would be subjected to lifetime community supervision, which is mandated by statute upon a conviction for attempted aggravated sexual battery and other sex offenses. Just before the sentence expired, the State filed a petition to amend the judgment to include lifetime community supervision. On the same day that the trial court corrected the judgment, the defendant filed a motion to withdraw his guilty plea, which the trial court denied. On appeal, the Court of Criminal Appeals affirmed, holding that the defendant had been adequately informed of the lifetime community supervision requirement by his trial counsel. We granted the defendant's application for permission to appeal to determine the effect of our decision in Ward v. State, 315 S.W.3d 461 (Tenn. 2010), which was filed after the release of the opinion of the Court of Criminal Appeals. Because the trial court failed to warn the defendant of the mandatory nature of lifetime community supervision, as is required by our ruling in Ward, and the State was unable to establish that the error was harmless beyond a reasonable doubt, the judgment of the Court of Criminal Appeals is reversed and the cause is remanded to the trial court to permit the defendant to withdraw his plea of guilt. Tenn. R. App. P. 11; Judgment of the Court of Criminal Appeals Reversed and Case Remanded G ARY R. W ADE, J., delivered the opinion of the Court, in which C ORNELIA A. C LARK, C.J., J ANICE M. H OLDER, W ILLIAM C. K OCH, J R., and S HARON G. L EE, JJ., joined.

Oral argument was heard in this case on May 25, 2011, in Cookeville, Putnam County, Tennessee, as part of this Court's S.C.A.L.E.S. (Supreme Court Advancing Legal Education for Students) project.

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Joshua D. Hedrick, Knoxville, Tennessee, for the appellant, David Nagele. Robert E. Cooper, Jr., Attorney General and Reporter; Gordon W. Smith, Associate Solicitor General; Rachel West Harmon, Assistant Attorney General; Randall Nichols, District Attorney General; and Charme Prater Knight, Assistant District Attorney General, for the appellee, the State of Tennessee. OPINION Facts and Procedural History After being indicted for aggravated sexual battery, David Nagele (the "Defendant"), on November 13, 2002, pled guilty to attempted aggravated sexual battery, a lesser-included offense. The trial court imposed a six-year sentence of enhanced probation. Although Tennessee Code Annotated section 39-13-524 (Supp. 1999)2 mandated lifetime community

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At the time the offense was committed, Tennessee Code Annotated section 39-13-524 provided as

follows: (a) In addition to the punishment authorized by the specific statute prohibiting the conduct, any person who, on or after July 1, 1996, commits a violation of

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