STATE OF TENNESSEE v. ANTHONY M. STANDIFER - Articles

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Posted by: Azya Thornton on Jan 14, 2025

Court: TN Court of Criminal Appeals

Attorneys 1: Drew Justice (on appeal and at 2023 probation violation hearing), Murfreesboro, Tennessee; and Eric J. Burch (at 2018 probation violation hearing) and Edward H. North (at guilty plea hearing), Manchester, Tennessee, for the appellant, Anthony M. Standifer.

Attorneys 2: Jonathan Skrmetti, Attorney General and Reporter; Edwin Alan Groves, Jr., Assistant Attorney General; Greg Northcott, District Attorney General; and Felicia Walkup, Kristy K. West, and Jennifer Craighead, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): HOLLOWAY

Anthony M. Standifer (“Defendant”) filed an application for judicial diversion and entered a guilty plea to Class C felony2 possession of a Schedule I controlled substance in violation of Tennessee Code Annotated section 39-17-417. On December 10, 2015, the trial court entered a probation order deferring entry of judgment pending Defendant’s successful completion of one year of supervised probation and three years of unsupervised probation. Following a June 28, 2023 probation revocation hearing, the trial court found that Defendant violated the conditions of probation. The trial court revoked probation, terminated judicial diversion, and without a sentencing hearing sentenced Defendant. The court then entered a judgment of conviction finding Defendant guilty of Class C felony “attempt poss. Sch. I controlled with intent to” and sentenced Defendant to serve three years in confinement. Upon review, we affirm the termination of judicial diversion but reverse the judgment finding Defendant guilty of attempted possession of a Schedule I controlled substance with intent to manufacture, deliver, or sell; an offense to which Defendant did not plead guilty. We remand the case to the trial court for entry of a corrected judgment finding Defendant guilty of Class A misdemeanor possession of controlled substance and for sentencing of Defendant for that offense.

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