State of Tennessee v. Arcenta Van Harrison

The appellant, Arcenta Van Harrison, pled guilty in the Davidson County Criminal Court to three (3) counts of theft of property over $500 and two (2) counts of theft of property over $1,000. The trial court sentenced the appellant to concurrent terms of four (4) years for the theft over $500 counts as a Range II offender and eight (8) years for the theft over $1,000 counts as a Range III offender.  The trial court ordered that the appellant serve his sentence on community corrections. A warrant was subsequently issued alleging that the appellant had violated the terms of his community corrections sentence. After an evidentiary hearing, the trial court revoked community corrections and re-sentenced the appellant to an effective term of nine (9) years incarceration. On appeal, the appellant contends that: (1) the trial court erred in revoking his community corrections; (2) the trial court erred in enhancing his sentence to nine (9) years; and (3) the trial court imposed illegal sentences for three (3) of his convictions. After a review of the record before this Court, we conclude that the trial court did not err in revoking the appellant’s community corrections sentence; and we affirm that portion of the trial court’s judgment. However, because the trial court did not conduct an appropriate sentencing hearing, before increasing the appellant’s sentence, we reverse and remand this case to the trial court for re-sentencing.