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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON
Assigned on Briefs December 5, 2000 STATE OF TENNESSEE v. TYRONE PIERCE
Direct Appeal from the Criminal Court for Shelby County No. 96-02967 Bernie Weinman, Judge

No. W2000-00571-CCA-R3-CD - Filed March 27, 2001

The defendant pled guilty to criminal attempt to commit aggravated sexual battery, a Class C felony. Pursuant to a plea agreement he agreed to a three-year sentence as a Range I Standard Offender, with the manner of service to be determined after a hearing by the trial court. The trial court sentenced the defendant to serve 270 days in the workhouse on weekends ("day for day") from 7:00 p.m. on Fridays to 7:00 p.m. on Sundays and five years probation with a 10:00 p.m. curfew on weekdays. The defendant contends he should have received full probation or some other less restrictive form of alternative sentencing. We affirm the trial court's denial of full probation but modify the time of service in the workhouse on weekends to 104 days. Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Criminal Court Affirmed as Modified JOHN EVERETT WILLIAMS, J., delivered the opinion of the court, in which JOE G. RILEY and ROBERT W. WEDEMEYER , JJ., joined. Phyllis Aluko and W. Mark Ward, Assistant Public Defenders, for the appellant, Tyrone Pierce. Paul G. Summers, Attorney General and Reporter; Lucian D. Geise, Assistant Attorney General; William L. Gibbons, District Attorney General, and John W. Campbell, Assistant District Attorney General, for the appellee, State of Tennessee.

OPINION

On March 14, 1996, the defendant, Tyrone Pierce, was indicted in Shelby County for aggravated sexual battery of a child less than thirteen years of age, allegedly committed between May 1, 1993 and September 30, 1993. The defendant was in the Navy and received no notice of the indictment until his arrest on November 23, 1998.

On September 30, 1999, the defendant waived his right to a trial by jury, and entered into a negotiated plea agreement, by which he pled guilty to the lesser offense of criminal attempt to commit aggravated sexual battery, a Class C felony, with an agreed upon sentence of three years as a Range I Standard Offender. The manner of service of the sentence was to be determined by the trial court, after a hearing. A Pre-sentence Investigation Report was prepared, and a sentencing hearing was conducted on February 11, 2000. At the conclusion of the sentencing hearing, the trial judge denied the defendant full probation and ordered him to serve 270 days in the workhouse on weekends ("day for day") from 7:00 p.m. on Fridays to 7:00 p.m. on Sundays and ordered five years probation with a 10:00 p.m. curfew on weekdays. The defendant was also ordered to maintain employment and to continue psychiatric care. In this appeal the defendant contends that the trial court erred in refusing to fully suspend his sentence or, in the alternative, place him on some other less restrictive form of alternative sentencing. After review, we affirm the trial court's denial of full probation; however, we modify the defendant's sentence. Facts The defendant stipulated to the following summary of facts in support of his conviction: MR. CAMPBELL: Your Honor, the facts that give rise to this indictment occurred during the summer of 1992. The defendant was babysitting for the victim in this case and her sister. During that time, the victims

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