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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE
Assigned on Briefs March 19, 2002 STATE OF TENNESSEE v. JERRY ALLEN KETCHUM
Direct Appeal from the Criminal Court for Sullivan County No. S43622 R. Jerry Beck, Judge

No. E2001-02008-CCA-R3-CD May 17, 2002 The Defendant entered a plea of nolo contendere to attempted aggravated sexual battery. Pursuant to his plea agreement, the Defendant received a four-year sentence, with the manner of service of the sentence to be determined by the trial court. Following a sentencing hearing, the trial court ordered that the Defendant serve the four-year sentence in the Tennessee Department of Correction. The Defendant now appeals, arguing that he should have received some form of alternative sentencing. Concluding that the record supports the trial court's denial of 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 ROBERT W. WEDEMEYER , J., delivered the opinion of the court, in which GARY R. WADE, P.J., and DAVID H. WELLES, J., joined. Nat H. Thomas, Kingsport, Tennessee (on appeal); and Larry R. Dillow, Kingsport, Tennessee (on appeal and at trial), for the Appellant, Jerry Allen Ketchem. Paul G. Summers, Attorney General and Reporter; Helena Walton Yarbrough, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; James Goodwin, Assistant District Attorney General; Barry P. Staubus, Assistant District Attorney General; and Teresa Murray-Smith, Assistant District Attorney General, for the Appellee, State of Tennessee. OPINION The Defendant was indicted by the Sullivan County Grand Jury for aggravated sexual battery, a Class B felony. Pursuant to a plea agreement, the Defendant entered a plea of nolo contendere to attempted aggravated sexual battery and received a four-year sentence, with the manner of service of the sentence to be determined by the trial court. At the sentencing hearing, the parties agreed to the following stipulation concerning the evidence in the case:

If this matter had gone to trial, the State's proof would have been that on or about October 11th, 1999, the victim [C. O.]1 was in her mother's room, laying [sic] on the bed, watching television. The defendant came into the room naked, pulled down [C. O.'s] panties and rubbed his penis over her buttocks. He then attempted to roll [C. O.] over. At that time, [C. O.] began crying loudly and struggled away and ran to her brother's room. Her brother, Ryan,2 whose room is upstairs, stayed up the rest of the night while [C. O.] was there so that he could protect her. [C. O.] was taken later that morning to be examined by Dr. Ben Altman, at the Bristol Regional Medical Center Emergency Room. Dr. Altman took a history, including the victim describing what had happened to her the night before. Dr. Altman examined the victim and discovered redness in the perianal region. Dr. Altman concluded that this was consistent with sexual assault. These acts all occurred in Sullivan County, Tennessee. .... . . . The victim was seven (7) on October 11th, 1999. Less than thirteen (13) years of age. At the sentencing hearing, the Defendant presented the testimony of two longtime friends, who stated that the Defendant had a good reputation in the community and that he had a good reputation for truth and veracity. The Defendant's adult daughter and adult son from a prior marriage next testified that the Defendant had been a good father to them and would be a good candidate for probation or alternative sentencing. The Defendant then testified. He stated that he was fifty-eight years old at the time of the sentencing hearing and that he had been a lifelong resident of Bristol, Tennessee. The Defendant testified that he had worked for Eastman from 1977 until his recent termination due to the entry of his nolo contendere plea to attempted aggravated sexual battery. The Defendant discussed his filed written response to the Sexual Offender Risk Assessment that had been performed on him, in which he maintained his innocence. However, the Defendant testified that he was willing to undergo any treatment in order to get probation.

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It is the policy of this Court to refer to minor victims in cases of sexual abuse by initials rather than by name. Ryan and C. O. were the Defendant's step-children at the time of the offense.

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The Defendant testified that he was working as an electrician with his two brothers at the time of the sentencing hearing. He testified that he had been married and divorced twice. In his opinion, his second former wife was responsible for the false accusations of aggravated sexual battery because the Defendant had accused her of adultery and because he told her she was going to "lose the children." On cross-examination, the Defendant admitted that his polygraph test (taken as part of his evaluation by Counseling and Consultation Services in Johnson City, Tennessee) showed deception. The Defendant reported that he quit drinking two years prior to the sentencing hearing, after his last driving while intoxicated conviction in November of 1999. Finally, the defense presented the testimony of Brenda Darlene Brown, who stated that she manages a bridal boutique and is currently involved in a relationship with the Defendant. Ms. Brown testified that the Defendant is a "wonderful father" and "an all round good person." She explained that she had written the Defendant's response to the Sexual Offender Risk Assessment for him, because the Defendant "writes slow." The State presented the testimony of the victim's father, who discussed the impact of the crime on his daughter. The Court also considered the pre-sentence report and the Sexual Offender Risk Assessment, both of which had been filed prior to the sentencing hearing. The Defendant now challenges on appeal the trial court's order that he serve his entire fouryear sentence in the Tennessee Department of Correction. When a criminal defendant challenges the length, range, or manner of service of a sentence, the reviewing court must conduct a de novo review of the sentence with a presumption that the determinations made by the trial court are correct. Tenn. Code Ann.

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