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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT KNOXVILLE
July 2000 Session

STATE OF TENNESSEE v. NATHANIEL LYNN CROCKETT
Direct Appeal from the Circuit Court for Blount County
No. C-11441, C-11442 D. Kelly Thomas, Judge

No. E1999-00694-CCA-R3-CD
September 26, 2000

The Defendant pleaded guilty to two counts of  burglary and two counts of theft over $1,000.  The trial court sentenced the Defendant to two years for each count of theft over $1,000 and to one year for each count of  bur glar y.  The trial court ordered that all sentences be served concurrently and that the Defendant serve six months in the county jail followed by intensive probation for the remainder of the sentence.  The Defendant was ordered to pay $2,500 in restitution and to perform one hundred hours of community service.  On appeal, the Defendant argues that the trial court erred in sentencing him to six months in confinement.  Finding no error, we affirm.

Tenn. R. App. 3 Appeal; Judgment of the Circuit Court Affirmed
ROBERT W. WEDEMEYER, J., delivered the opinion of the court, in which JOSEPH M. TIPTON, and JOHN EVERETT WILLIAMS, JJ., joined.
George H. Waters, Maryville, Tennessee, for the appellant, Nathaniel Lynn Crockett.
Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; Michael L. Flynn, District Attorney General; and Edward P. Bailey, Jr.,  Assistant District Attorney General, for the appellee, State of Tennessee.
OPINION
Facts
On September 16, 1999, the Defendant, Nathaniel Lynn Crockett, pleaded guilty to two counts of burgl ary a nd to two counts of theft over $1,000.  The charges arose out of separate incidents that occurred on the same day.  The Defendant admitted to entering into one dealership by breaking a window and stealing hand tools, a tool box, a paint spray gun, and eighteen quarts of paint.  On the same day, the Defendant broke into another dealership and stole a spoiler from an automobile.
The sentencing hearing was held on November 8, 1999.  Between the guilty plea in September and the sentencing hearing in November, the Defendant was convicted of two offenses of passing worthless checks up to $100.   Additionally, the record indicates that the Defendant has a lengthy criminal history, which includes convictions for assault, harassment, driving on a suspended license, disorderly conduct, possession of a handgun, trespass, and vandalism. For each prior conviction, the Defendant received a sentence of probation.  The Defendant testified at the sentencing hearing that he had been cited for contempt of court for failure to appear in court four or five times.
At the sentencing hearing, the trial court sentenced the Defendant to two years for each charge of theft over $1,000 and to one year for each charge of  burglary.  The trial court ordered that all sentences be served concurrently and ordered the Defendant to serve six months in the county jail followed by intensive probation for the remainder of the sentence. The Defendant was also ordered to perform one hundred hours of community service and to pay restitution in the amount of $2,500.  The trial court considered the Defendant

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