State of Tennessee v. Carmen Noe Garcia Guox

The State appeals from the judgment of the trial court sentencing Defendant, Carmen Noe Garcia Guox, to eleven months and twenty-nine days’ incarceration for patronizing prostitution from a law enforcement officer posing as a minor. On appeal, the State contends that the trial court erred by imposing a Class A misdemeanor sentence because Defendant’s conviction is a Class B felony offense. Defendant responds that he entered a best interest plea to a Class A misdemeanor and that the relevant statute does not authorize a Class B felony conviction or sentence. Upon a thorough review of the record and applicable law, we reverse the judgment of the trial court, vacate Defendant’s plea, and remand for further proceedings consistent with this opinion.