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State v. Tammy Elliott

Citation: Not availableDocket: 02C01-9803-CC-00070

Court: Court of Criminal Appeals of Tennessee; July 31, 1998; Tennessee; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Tammy Mae Elliott pled guilty on October 15, 1997, to child abuse involving a child under six years old, classified as a Class D felony. She was sentenced to two years in the Department of Correction on December 1, 1997, having been incarcerated since June 13, 1997. Elliott was granted a certificate of probation effective January 14, 1998, pursuant to Tennessee Code Annotated § 40-35-501. The key issue on appeal was whether the trial court erred in denying alternative sentencing. However, since Elliott was subsequently granted probation, the appellate court deemed the issue moot. The judgment of the trial court was affirmed under Rule 20 of the Tennessee Court of Criminal Appeals, with costs assessed to the state due to Elliott's indigent status. The decision was rendered by Judges Joe G. Riley, Paul G. Summers, and David G. Hayes.

Legal Issues Addressed

Affirmation of Trial Court Judgment

Application: The judgment of the trial court was affirmed under Rule 20 of the Tennessee Court of Criminal Appeals.

Reasoning: The judgment of the trial court was affirmed under Rule 20 of the Tennessee Court of Criminal Appeals, with costs assessed to the state due to Elliott's indigent status.

Assessment of Costs for Indigent Defendant

Application: Costs were assessed to the state due to Elliott's indigent status, following the affirmation of the trial court's judgment.

Reasoning: The judgment of the trial court was affirmed under Rule 20 of the Tennessee Court of Criminal Appeals, with costs assessed to the state due to Elliott's indigent status.

Mootness of Appeal on Sentencing Decisions

Application: The appellate court determined that the issue of alternative sentencing was moot because Elliott was already granted probation.

Reasoning: The key issue on appeal was whether the trial court erred in denying alternative sentencing. However, since Elliott was subsequently granted probation, the appellate court deemed the issue moot.

Sentencing under Tennessee Code Annotated § 40-35-501

Application: The court applied Tennessee Code Annotated § 40-35-501 to grant Tammy Mae Elliott a certificate of probation following her incarceration.

Reasoning: Elliott was granted a certificate of probation effective January 14, 1998, pursuant to Tennessee Code Annotated § 40-35-501.