State of Tennessee v.Timothy Preston Russell

Case Number
E2009-01053-CCA-RM-CD

The Defendant, Timothy Preston Russell, pled guilty to one count of theft of property valued $10,000 or more but less than $60,000, a Class C felony, and three counts of theft of property valued $1,000 or more but less than $10,000, a Class D felony. He was sentenced to eight years as a Range II, multiple offender for the Class C felony and six years as a Range II, multiple offender for each Class D felony. Two six-year sentences were to be served concurrently to each other but consecutively to the eight-year sentence, to which another six-year sentence ran concurrently, for an effective fourteen-year sentence. The trial court denied probation and imposed incarceration. Appealing the denial of his motion to withdraw the four guilty pleas, the Defendant contends that he should be able to withdraw his guilty pleas to correct manifest injustice and that the trial court erred in not advising him that he would not be able to withdraw the guilty pleas if the court did not accept the plea agreement. We affirm the judgments of the trial court.

Authoring Judge
Judge Joseph M. Tipton
Originating Judge
Judge James B. Scott, Jr.
Case Name
State of Tennessee v.Timothy Preston Russell
Date Filed
Dissent or Concur
This is a dissenting opinion
Download PDF Version