State of Tennessee v. Alfred Gettner - Concurring

Case Number
E2010-00104-CCA-R3-CD

I concur in results because, respectfully, I disagree that we should per se presume the correctness of the sentencing judgment based upon the absence of the plea submission hearing transcript. I believe that the presentence report contained in the record provides this court with an understanding of the nature and circumstances of the offenses such that we can perform our mandated duty of conducting a de novo review upon the record. On the other hand, I believe that the trial court’s judgment is supported in the record and should be affirmed on that basis.

Authoring Judge
Judge Jerry L. Smith
Originating Judge
Judge R. Jerry Beck
Case Name
State of Tennessee v. Alfred Gettner - Concurring
Date Filed
Dissent or Concur
No
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