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State v. Aaron Drummer

Citation: Not availableDocket: 02C01-9710-CR-00382

Court: Court of Criminal Appeals of Tennessee; April 23, 1998; Tennessee; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Aaron L. Drummer pled guilty to possession with intent to sell or deliver ten pounds of marijuana, classified as a Class E felony, and accepted a one-year sentence with a $3,000 fine, leaving the method of serving the sentence to the trial court's discretion. Following a sentencing hearing, the trial court denied alternative sentencing, resulting in immediate incarceration for Drummer. On appeal, he argued that the trial court erred in denying alternative sentencing; however, the Court of Criminal Appeals noted that Drummer had since been released from incarceration, rendering the appeal moot. Consequently, the trial court's judgment was affirmed under Rule 20 of the Tennessee Court of Criminal Appeals, with costs assigned to the State of Tennessee due to Drummer's indigent status. The decision was concurred by Judges Joe G. Riley, David G. Hayes, and William M. Barker.

Legal Issues Addressed

Affirmation of Lower Court's Decision Under Rule 20

Application: The Court of Criminal Appeals can affirm a trial court's judgment under Rule 20 when an appeal is deemed moot.

Reasoning: Consequently, the trial court's judgment was affirmed under Rule 20 of the Tennessee Court of Criminal Appeals.

Assessment of Costs Due to Indigency

Application: When a party is indigent, the costs of the appeal may be assigned to the State.

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

Mootness Doctrine in Appeals

Application: An appeal may be rendered moot if the issue at hand has been resolved or is no longer applicable due to changed circumstances.

Reasoning: On appeal, he argued that the trial court erred in denying alternative sentencing; however, the Court of Criminal Appeals noted that Drummer had since been released from incarceration, rendering the appeal moot.

Sentencing Discretion of Trial Court

Application: The trial court has the discretion to determine the method of serving a sentence, including denying alternative sentencing options.

Reasoning: Following a sentencing hearing, the trial court denied alternative sentencing, resulting in immediate incarceration for Drummer.