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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE
August 26, 2008 Session STATE OF TENNESSEE v. SHANE KENT ROGERS
Direct Appeal from the Circuit Court for Sullivan County No. S49480 R. Jerry Beck, Judge

No. E2007-02239-CCA-R3-CD - Filed October 27, 2008

The Defendant, Shane Kent Rogers, pled guilty to one count of violating a motor vehicle habitual offender order, a Class E felony, and one count of vandalism over five-hundred dollars, also a Class E felony. The trial court sentenced the Defendant as a multiple offender to two concurrent three-year sentences to be served in the Tennessee Department of Correction. On appeal, the Defendant claims that the trial court erred when it did not grant him alternative sentencing. After a thorough review of the record and the applicable law, we affirm the judgments of the trial court.

Tenn. R. App. P. 3 Appeal as of Right; Judgments of the Criminal Court Affirmed ROBERT W. WEDEMEYER , J., delivered the opinion of the court, in which JOHN EVERETT WILLIAMS and J.C. MCLIN , JJ., joined. Joseph F. Harrison, Blountville, Tennessee, for the Appellant, Shane Kent Rogers. Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; Leslie E. Price, Assistant Attorney General; H. Greeley Wells, District Attorney General; James F. Goodwin, Assistant District Attorney General, for the Appellee, State of Tennessee.

OPINION I. Facts A. Plea Hearing This case arises from the Defendant's arrest on April 3rd, 2004, for violating a habitual motor vehicle offender order and attempted burglary. In 2003, the Defendant was declared a habitual motor vehicle offender (an "HMVO") pursuant to Tennessee Code Annotated

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