Preview:

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON
Assigned on Briefs April 1, 2003 STATE OF TENNESSEE v. JEREMIAH WISEMAN
Appeal from the Criminal Court for Shelby County No. 01-01069 Joseph B. Dailey, Judge

No. W2002-01674-CCA-R3-CD - Filed May 23, 2003

The Appellant, Jeremiah Wiseman, pled guilty to carjacking, a class B felony, and was sentenced as a mitigated offender to the Department of Correction for a term of 7.2 years. On appeal, the Appellant argues that the trial court erred by denying him a probated sentence. Finding no error in the record, we affirm. Tenn. R. App. P. 3; Judgment of the Criminal Court Affirmed. DAVID G. HAYES, J., delivered the opinion of the court, in which GARY R. WADE, P.J., and THOMAS T. WOODA LL, J., joined. Jake Erwin, Memphis, Tennessee, for the Appellant, Jeremiah Wiseman. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Renee W. Turner, Assistant Attorney General; William L. Gibbons, District Attorney General; and Paul Hagerman, Assistant District Attorney General, for the Appellee, State of Tennessee.

OPINION Factual Background On October 9, 2000, the Appellant, then seventeen years old, opened the victim's car door, placed a gun to the victim's chest, and demanded his car keys. The Appellant then entered the victim's 1986 Maxima and, as he drove away, "fired a gunshot out the door." The Appellant was arrested the following day. Under the terms of the plea agreement, the Appellant pled guilty to carjacking and received a sentence of 7.2 years as a mitigated offender. The manner and service of the sentence was submitted to the trial court. Following a sentencing hearing, the trial court ordered the sentence be served in confinement. In its sentencing determination, the trial court reasoned that carjacking, which constitutes theft of a vehicle by use of a weapon, is tantamount to aggravated robbery. The trial court further reasoned that, because a defendant who is convicted of aggravated

robbery is statutorily ineligible for probation, the Appellant, who was convicted of carjacking was likewise ineligible. Tenn. Code Ann.

Download Wiseman.pdf

Tennessee Law