State v. Percy Farris

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT JACKSON

OCTOBER 1999 SESSION FILED December 20, 1999

STATE OF TENNESSEE, ) Cecil Crowson, Jr. Appellate Court Clerk )C.C.A. NO. W1999-01914-CCA-R3-CD Appellee, ) ) HARDIN COUNTY VS. ) ) HON. C. CREED McGINLEY, PERCY FARRIS, ) JUDGE ) Appellant. ) (Sentencing)

FOR THE APPELLANT: FOR THE APPELLEE:

ED NEAL McDANIEL PAUL G. SUMMERS 618 Main St. Attorney General & Reporter Savannah, TN 38372 J. ROSS DYER Asst. Attorney General 425 Fifth Ave.., North Nashville, TN 37243

ROBERT “GUS” RADFORD District Attorney General JOHN W. OVERTON, JR. Asst. District Attorney General P. O. Box 484 Savannah, TN 38372

ORDER FILED:____________________

AFFIRMED - RULE 20

JOHN H. PEAY, Judge

ORDER

The defendant was convicted, on his guilty plea, of delivery of under five

grams of cocaine. He received an agreed sentence of three years as a Range I standard offender. The manner of service was reserved for determination by the trial judge who

refused to grant alternative sentencing.

In this appeal, the defendant contends that he was entitled to alternative sentencing and that he should have been given credit for the time he served in the state of Kentucky after a detainer was placed against him by Tennessee authorities. We find the issues to be without merit.

The proof submitted at the sentencing hearing supports the trial judge’s findings that the defendant had been arrested and convicted of another felony drug offense after his arrest on the instant charge, and that this indicated a continuing pattern

for violating the drug laws. The trial court also found that the defendant was “not candid and truthful”, that he had continued to use drugs, and was unemployed, all of which indicated to the trial court that the defendant lacked amenability to correction.

Further, the defendant cites no authority for his proposition that he is entitled to credit for the time spent in the Kentucky penal system. The case law in this

state holds otherwise. See Majeed v. State, 621 S.W.2d 153, 155 (Tenn. Crim. App. 1981).

Finding the defendant’s issues to be without merit, we affirm the trial court’s denial of alternative sentencing and denial of credit for service in another state pursuant

to Rule 20 of the Rules of the Court of Criminal Appeals of Tennessee.

________________________________ JOHN H. PEAY, Judge

CONCUR:

________________________________ NORMA M. OGLE, Judge

________________________________ ALAN E. GLENN, Judge