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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON JANUARY SESSION, 1997

FILED
STATE OF TENNESSEE, Appellee vs. HEATHER R. DOWDY, Appellant ) ) ) ) ) ) ) ) ) July 18, 1997 No. 02C01-9610-CR-00348 Cecil Crowson, Jr. Appellate C ourt Clerk SHELBY COUNTY Hon. BERNIE WEINMAN, Judge (Aggravated Burglary; Theft of property worth less than five hundred dollars)

For the Appellant: R. PORTER FEILD Burch, Porter & Johnson 130 North Court Avenue Memphis, TN 38103

For the Appellee: CHARLES W. BURSON Attorney General and Reporter

LISA A. NAYLOR Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493

WILLIAM GIBBONS District Attorney General P. T. HOOVER Asst. District Attorney General 201 Poplar Avenue, 3rd Floor Memphis, TN 38103

OPINION FILED: REMANDED

David G. Hayes Judge

OPINION

The appellant, Heather R. Dowdy, pled guilty in the Shelby County Criminal Court to one count of aggravated burglary, a class C felony, and two counts of theft of property valued less than five hundred dollars, class A misdemeanors. Pursuant to the plea agreement, the trial court imposed concurrent sentences of three years incarceration in the county workhouse for the burglary conviction and eleven months and twenty-nine days incarceration in the county workhouse for each of the theft convictions. Following a sentencing hearing, the trial court suspended the sentences, except for one hundred and eighty days to be served on weekends. Additionally, the trial court imposed six years of intensive probation. The conditions of probation included restitution in the amount of $7,200.00, to be paid in monthly installments of $100.00, one hundred hours of community service, and a 9:00 p.m. curfew.

On April 26, 1996, the appellant filed a motion pursuant to Tenn. R. Crim. P. 35(b) for reduction of her sentence. On May 10, 1996, the trial court denied the appellant's motion. The appellant now appeals the trial court's denial of her motion and also appeals pursuant to Tenn. Code Ann.

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