State of Tennessee v. Tony Levon Johnson, Jr.

The Defendant, Tony Levon Johnson, Jr., was convicted by a Madison County jury of burglary of a vehicle, a Class E felony, and theft of property under $1,000, a Class A misdemeanor. The trial court sentenced him to an effective term of two years, with 240 days of “shock incarceration” in the Madison County Jail before release to Community Corrections. On appeal, the Defendant argues, and the State agrees, that the trial court erred in ordering a sentence of continuous confinement before release to Community Corrections. Because the Defendant’s sentence of continuous confinement is prohibited by Tennessee Code Annotated section 40-35-122, we reverse the sentence of incarceration, modify the sentence to Community Corrections, and remand to the trial court for entry of judgments in accordance with this opinion.