State of Tennessee vs. John C. Cone

The defendant was charged with vandalism, three counts of aggravated assault, and two counts of assault. Pursuant to a plea agreement, he pled guilty to vandalism and two counts of aggravated assault, receiving a sentence of one year on the vandalism count and four years on each aggravated assault count, to be served concurrently. Following a sentencing hearing to determine the manner of service, the trial court denied probation. The defendant now appeals, arguing that the trial court erred in denying probation because it perceived inconsistencies in the defendant’s statements and did not allow the defendant to clarify the evidence through his statutory right of allocution prior to sentencing. Finding no error, we affirm.