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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE
Assigned on Briefs May 14, 2008 STATE OF TENNESSEE v. JOHN DOUGLAS DUKE
Direct Appeal from the Criminal Court for Davidson County No. 2005-D-2641 Steve Dozier, Judge

No. M2007-00430-CCA-R3-CD

- Filed May 30, 2008

The Defendant, John Douglas Duke, pled guilty to statutory rape. In accordance with the plea agreement, the Defendant accepted a sentence of eighteen months, with the trial court to determine the manner of service of sentence. After the sentencing hearing, the trial court denied the Defendant an alternative sentence and ordered him to serve his sentence in the workhouse. The Defendant appeals, contending that the trial court erred when it denied him an alternative sentence. After reviewing the record and applicable authorities, we find no error and 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 J.C. MCLIN and D. KELLY THOMAS, JR., JJ., joined. Michael A. Colavecchio, Nashville, Tennessee, for the Appellant, John Douglas Duke. Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; Clarence E. Lutz, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; Pamela Anderson and Amy H. Eisenbeck, Assistant District Attorneys General, for the Appellee, State of Tennessee.

OPINION I. Facts The Defendant was indicted on charges of statutory rape, with the indictment alleging that he engaged in sexual penetration with a person who was at least thirteen but less than eighteen years of age and that he was at least four years older than the victim. See T.C.A.

Download DukeJohnDouglasOPN.pdf

Tennessee Law