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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT JACKSON
Assigned on Briefs July 12, 2006

STATE OF TENNESSEE v. FRANK SMITH
Direct Appeal from the Criminal Court for Shelby County
No. 00-10325 W. Fred Axley, Judge

No. W2005-01997-CCA-R3-CD  - Filed November 3, 2006
Following a jury trial, a Shelby County trial court convicted the defendant, Frank Smith, of two counts of rape (Class B felonies).  The trial court sentenced the defendant to terms of incarceration of eight years on each offense, to be served concurrently. The defendant contends on appeal that the trial court erred by failing to sentence him to a form of alternative sentencing and specifically argues that the trial court failed to state on the record its reasons for denying an alternative sentence.  The defendant failed to provide a record of his sentencing hearing and, therefore, we must presume the trial court was correct.  The judgments of the trial court are affirmed.

Tenn. R. App. P. 3 Appeal as of Right; Judgments of the Criminal Court Affirmed
JOHN EVERETT WILLIAMS, J., delivered the opinion of the court, in which JERRY L. SMITH and JAMES CURWOOD WITT, JR., JJ., joined.
Charles R. Curbo, Memphis, Tennessee, for the appellant, Frank Smith.
Paul G. Summers, Attorney General and Reporter; Blind Akrawi, Assistant Attorney General; William L. Gibbons, District Attorney General; and Tracye N. Jones, Assistant District Attorney General, for the appellee, State of Tennessee.

OPINION
Facts and Procedural History
The defendant avers in his brief that the facts of the underlying rape are

Download smithfOPN.pdf

Tennessee Law