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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE
Assigned on Briefs January 27, 2004 STATE OF TENNESSEE v. JOHN CHRIS ELROD
Direct Appeal from the Circuit Court for Warren County No. F-8968 Larry B. Stanley, Jr., Judge

No. M2003-01600-CCA-R3-CD - Filed March 17, 2004

The defendant, John Chris Elrod, was indicted by the Warren County Grand Jury on one count of aggravated kidnapping, a Class B felony, and one count each of assault and vandalism under $500, both Class A misdemeanors. He pled guilty to the Class A misdemeanors of false imprisonment, assault, and vandalism under $500 and was sentenced to eleven months, twenty-nine days at 75% on each count with counts one and two consecutive and count three concurrent with count one. In this appeal as of right, the defendant contends that the trial court abused its discretion in imposing consecutive sentences for two misdemeanors arising from the same episode. Following our review, we affirm the judgments of the trial court. Tenn. R. App. P. 3 Appeal as of Right; Judgments of the Circuit Court Affirmed ALAN E. GLENN , J., delivered the opinion of the court, in which GARY R. WADE, P.J., and ROBERT W. WEDEMEYER , J., joined. J. Hilton Conger, Smithville, Tennessee, for the appellant, John Chris Elrod. Paul G. Summers, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; C. Dale Potter, District Attorney General; and Larry G. Bryant, Assistant District Attorney General, for the appellee, State of Tennessee. OPINION FACTS The few details of the incident resulting in the defendant's convictions are set out in the presentence report:

Aggravated Kidnapping (False Imprisonment): "Chris Elrod is charged with Aggravated Kidnapping in that on December 19, 2001[,] Ms. Christy Elrod stated to investigators that Mr. Elrod busted the window out of her father's vehicle pulling her from the vehicle leaving marks on Ms. Elrod's arms and chest. Ms. Elrod did not consent to going with Mr. Elrod. Ms. Elrod had an active order of protection signed prior to this incident." Aggravated Assault (Assault): "Chris Elrod is charged with Aggravated Assault in that on December 19, 2001[,] Mr. Elrod was found to be with his wife Christy Elrod who has an order of protection on Mr. Elrod. Ms. Elrod stated to the investigators that Mr. Elrod drug her from her father's vehicle busting the window[.] Ms. Elrod had bruising on her upper arms and scratches on her chest and [her] shirt had been torn." Vandalism: "Chris Elrod is charged with Vandalism in that on December 19, 2001[,] Ms. Elrod stated to investigators that Mr. Elrod drug her from her father['s] vehicle busting the window. Mr. Elrod was also charged with Aggravated Assault due to Ms. Elrod having a order of protection on Mr. Elrod." Defendant's Statement: "This was a meeting gone bad. It did not happen the way she [s]ays it did! So for the plea I really wish it could be my time on probation[,] not in jail. When this first happened, I was away from my kids for a year. Now [that] I have visitation they have adjusted[.] [I]f gone for another year it will be hard on them understanding and adjusting all over." ANALYSIS Consecutive Sentencing The defendant's sole issue on appeal is that the trial court erred in ordering that the sentences for counts one and two be served consecutively. He argues that consecutive sentencing is "clearly excessive and inappropriate given the fact that the assault and the false imprisonment charges are essentially one and the same." When an accused challenges the length and manner of service of a -2-

sentence, it is the duty of this court to conduct a de novo review on the record with a presumption that "the determinations made by the court from which the appeal is taken are correct." Tenn. Code Ann.

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