State Tennessee v. Angela Grissom

Appellant Angela Grissom entered a plea of guilty to one count of theft of property valued in excess of $10,000 in violation of Tennessee Code Annotated Section 39-14-103 (1991). See also id. § 39-14-105(4). Following a sentencing hearing on March 24, 1994, the trial Judge sentenced Appellant to the maximum sentence of six years in the Department of Correction. However, soon thereafter, by order filed May 26, 1995, the trial Judge placed Appellant on Community Corrections with the requirement that she observe a sentencing arrangement involving time in the county jail and house arrest and that she repay the victim corporation $29,778.37 and pay $1000 into the Economic Crime Fund. On appeal, Appellant asserts that she is presumed to be an appropriate candidate for a non-incarcerative sentence and that, under the particular circumstances of her case, the trial Judge should have granted her full probation. We agree with Appellant and modify her sentence to the minimum sentence of three years, with all time suspended. The Appellant is placed on supervised probation for a period of six years. As a condition of probation, the Appellant is ordered to pay restitution in the amount of $29,778.37 over the six year probationary period. See Tenn. Code Ann. § 40-35-303(c).