State of Tennessee v. George W. Lucas

Case Number
W2001-02600-CCA-R3-CD

The defendant pled guilty to the offense of carjacking and was sentenced to 7.2 years in the Tennessee Department of Correction. In this appeal he claims that he was improperly denied probation because the trial judge mistakenly held that individuals convicted of carjacking were statutorily ineligible for probation. We hold that the legislature has allowed individuals convicted of carjacking and sentenced to eight (8) years or less to remain eligible for probation. Moreover, the trial judge also erred in determining that the use of a weapon in a carjacking was, standing alone, sufficient reason to deny the defendant probation. We therefore reverse the judgment of the trial court and remand for re-sentencing in accordance with this opinion.

Authoring Judge
Judge Jerry L. Smith
Originating Judge
Judge James C. Beasley, Jr.
Case Name
State of Tennessee v. George W. Lucas
Date Filed
Dissent or Concur
No
Download PDF Version