State of Tennessee v. Robert Christopher Dial

In Maury County on June 17, 2002, Appellant pled guilty to two counts of attempted aggravated sexual battery. He was sentenced to two six-year sentences to be served consecutively. He was placed on probation. After violating probation, he was placed on Community Corrections. On July 10, 2008, Appellant's Community Corrections officer filed a violation report. After a hearing, the trial court revoked Appellants Community Corrections sentence and ordered him to serve his full twelve year sentence. On appeal, Appellant argues that the trial court abused it discretion in revoking his Community Corrections sentence and that the trial court did not have authority to impose the full twelve year sentence. We conclude that the trial court did not abuse its discretion in revoking the Community Corrections sentence. However, we agree with Appellant that he had previously served the first six-year consecutive sentence, and the trial court can only impose the remaining six-year sentence. Therefore, we affirm the revocation of the Community Corrections sentence, and modify Appellant's sentence to six years.