State of Tennessee v. Delaney E. Marcum

The Appellant, Delaney E. Marcum, appeals from the sentencing decision of the Williamson County Circuit Court. Marcum entered guilty pleas to one count of aggravated burglary, a class C felony, and one count of theft of property over $1,000.00, a class D felony. Under the terms of the agreement, Marcum received concurrent sentences of five years for aggravated burglary and four years for theft. Following a sentencing hearing, the trial court ordered that Marcum's sentences be served in the Department of Correction and, additionally, he was ordered to pay restitution on both counts. On appeal, Marcum contends that the trial court erred in (1) not sentencing him to probation or any other alternative to incarceration, and (2) ordering restitution in conjunction with total confinement. Finding no error, the judgment of the Williamson County Circuit Court is affirmed.