State of Tennessee v. Cody R. Mashburn

The Defendant, Cody R. Mashburn, pled guilty to aggravated burglary and criminal simulation. As part of the plea, the parties agreed that the Defendant would be sentenced to an effective term of ten years, but the trial court would determine the manner of service. After a hearing, the trial court denied the Defendant’s request for an alternative sentence and imposed a sentence of full confinement. On appeal, the Defendant argues that the trial court erred in denying an alternative sentence because, among other things, it improperly sentenced the Defendant without considering the results of a validated risk and needs assessment. Upon our review, we agree with the Defendant. Accordingly, we respectfully reverse and vacate the judgments and remand the case to the trial court for a new sentencing hearing.