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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE JULY SESSION, 1998

FILED
August 21, 1998

STATE OF TENNESSEE, Appellee,

VS. TERRY JOE BREWER, Appe llant.

) ) ) ) ) ) ) ) ) )

Cecil Crowson, Jr. Appellate C ourt Clerk C.C.A. NO. 03C01-9707-CC-00294

BLOUNT COUNTY HON. D. KELLY THOMAS, JR. JUDGE (Sentencing)

ON APPEAL FROM THE JUDGMENT OF THE CRIMINAL COURT OF BLOUNT COUNTY

FOR THE APPELLANT: JULIE A. MAR TIN P.O. Box 426 Knoxville, TN 37901-0426

FOR THE APPELLEE: JOHN KNOX WALKUP Attorney General and Reporter TODD R. KELLEY Assistant Attorney General 425 Fifth Avenu e North Nashville, TN 37243 MIKE FLYNN District Attorney General PHILIP MORTON Assistant District Attorney General 363 Court Street Maryville, TN 37804

OPINION FILED ________________________ AFFIRMED DAVID H. WELLES, JUDGE

OPINION
The Defendant, Terry Joe Brewer, appeals as of right pursuant to Rule 3 of the Tennessee Rules of Appellate P roced ure. H e was convic ted, up on his pleas of guilty, of violating the Motor Ve hicle H abitua l Offen der's A ct, driving while under the influence of an intoxicant, Class E felony evading arrest, and unlawful possession of drug paraphernalia.1 The agreed sentences for the two Class E felonies were three years as a Multiple Range II offender. The agreed sentences for the Class A misd eme anors were e leven m onths and tw enty-n ine da ys. All sentences were to be served concurrently. The manner of service of the

sentences was left to the discretion of the trial judge. The judge ordered that nine months of the felony sentences be served in the county jail, with the balan ce to be served in the community corrections program. The Defendant appeals from the trial judge's order that nine months of the sentence be served in confine ment. We affirm the ju dgme nt of the trial co urt.

At the sentencing hearing, the Defendant testified that he did not remember much about the offenses to which h e plead ed guilty because he was "drunk on moonshine." He said that he and his brothe r had co nsum ed abo ut a half-gallon of moons hine and the y "got to fighting." He got into a truck to drive away, shortly thereafter the police stopped him, and the ch arges which led to h is guilty pleas followed.

1

Tenn. Code Ann.

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