12/23/91 State Tennessee V. Charles Jack Ashby

This case presents an appeal from the judgment of the Court of Criminal Appeals affirming the trial court's refusal to grant appellant's request for sentencing pursuant to the Tennessee Community Corrections Act of 1985, T.C.A. §§ 40-36-101 to -306. Appellant contends that the standard of review applied by the Court of Criminal Appeals violates the Tennessee and federal constitutional prohibition of ex post facto laws and that the courts below erred in denying his request for alternative sentencing. For the reasons that follow, the conviction is affirmed. The sentence, however, is vacated, and the case is remanded to the trial court for sentencing pursuant to the Community Corrections Act.