State of Tennessee v. Michael L. Snodgrass

The Defendant, Michael L. Snodgrass, appeals the Sullivan County Criminal Court’s order revoking his judicial diversion for a charge of theft of property valued at less than $500 and imposing a split confinement sentence of eleven months and twenty-nine days, with ten days to be served in jail. On appeal, he contends that the court erred in sentencing him to split confinement and imposing a requirement that he serve 75% of his sentence before eligibility for work release, furlough, trusty status and related rehabilitative programs. We affirm the denial of full probation but reverse the judgment and remand for entry of a judgment that deletes the special condition that the Defendant to serve ten days “flat” and specifies the percentage of his sentence he must serve before eligibility for rehabilitation programs.