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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE
Remanded by Supreme Court October 16, 2000 STATE OF TENNESSEE v. CHESTER LEBRON BENNETT
Appeal from the Criminal Court for Hamilton County Nos. 216721 - 216725 Stephen M. Bevil, Jr., Judge

No. E2000-02735-CCA-RM-CD December 6, 2000 This case presents an appeal to this court after remand by order of the Tennessee Supreme Court. The Appellant, Chester Lebron Bennett, pled guilty to five counts of criminal exposure to HIV and was sentenced to five concurrent four-year Department of Correction sentences. This court, on direct appeal, remanded the case to the trial court for consideration of alternative sentencing. See State v. Chester Lebron Bennett, No. 03C01-9810-CR-00346 (Tenn. Crim. App. at Knoxville, July 28, 1999), perm. to appeal granted, (Tenn. Oct. 16, 2000). Subsequent to this court's decision, the supreme court released its decision in the case of State v. Daryl Hooper, No. M1997-00031-SCR-11CD (Tenn. at Nashville, Sept. 21, 2000) (for publication). In State v. Daryl Hooper, the court announced new sentencing considerations regarding the need for deterrence as grounds for denying an alternative sentence. In light of its decision in State v. Daryl Hooper, the court remanded the case to this court for reconsideration. See State v. Chester Lebron Bennett, No. E1998-00614-SC-R11CD (Tenn. at Knoxville, Oct. 16, 2000). After revisiting this issue under the standards announced in State v. Daryl Hooper, we affirm the trial court's denial of alternative sentencing. Tenn. R. App. P. 3; Judgment of the Criminal Court Affirmed. DAVID G. HAYES , J., delivered the opinion of the court, in which JOHN EVERETT WILLIAMS, J., joined. JOHN H. PEAY, J., not participating. Ardena J. Garth, District Public Defender, and Donna Robinson Miller, Asst. Public Defender, for the Appellant, Chester Lebron Bennett. Paul G. Summers, Attorney General and Reporter, Michael Moore, Solicitor General, Erik W. Daab, Assistant Attorney General, William H. Cox III, District Attorney General, and Claire H. Brant, Assistant District Attorney General, for the Appellee, State of Tennessee.

OPINION ON REMAND

The Appellant, Chester Lebron Bennett, pled guilty to five counts of criminal exposure to HIV (Human Immunodeficiency Virus), a class C felony. See TENN. CODE ANN .

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