State of Tennessee v. Hugo Mendez

Pursuant to a negotiated plea agreement, the defendant, Hugo Mendez, pled guilty in 2007, to vehicular homicide by intoxication, a Class B felony, and to leaving the scene of an accident causing death, a Class E felony. The agreement provided for sentences of eight years and one year for the respective convictions, to be served concurrently in the Department of Correction. Nonetheless, the record indicates that the defendant remained incarcerated in the Shelby County Jail. Approximately two years later, the defendant filed a pro se petition requesting that he be allowed to serve the balance of the sentence on probation. The trial court issued an order summarily denying the petition without conducting a hearing. On appeal, the defendant contends that the court abused its discretion in denying his request for probation and also challenges findings which he alleges were set forth in the order. Following review of the record before us, we affirm the denial of the petition.