State of Tennessee v. Allen Fitzgerald Ailey

Defendant, Allen Fitzgerald Ailey, pleaded guilty in two cases to felon in possession of a weapon, possession with intent to sell or deliver .5 grams or more of cocaine, and possession with intent to sell or deliver oxycodone. Pursuant to the plea agreement, Defendant received concurrent four-year sentences for the drug offenses to be served consecutively to a sentence of six years for the weapon offense, with the manner of service of Defendant’s sentences to be determined by the trial court. After a sentencing hearing, the trial court denied alternative sentencing and ordered Defendant to serve his entire ten-year sentence in confinement. Defendant argues on appeal that the trial court abused its discretion by denying probation. Finding no error, we affirm the judgments of the trial court. However, we remand for entry of judgments on the counts that were dismissed pursuant to the plea agreement.