State v. Burris

1 Citing case

  1. State v. Langston

    708 S.W.2d 830 (Tenn. 1986)   Cited 37 times
    Holding that where the defendant has multiple convictions and the total sentence structure exceeds the eligibility limit for probation, the defendant is still eligible if the sentence imposed for each individual conviction falls within the probation eligibility requirements

    We note, however, that cases applying the prior law governing probation eligibility (now T.C.A., ยง 40-21-101), seem to have considered multiple convictions for different offenses handed down on the same day as giving rise to separate sentences and separate convictions for the purpose of determining probation eligibility. See, e.g., State v. Burris, Tenn. Crim. App., 598 S.W.2d 813 (1980); Scott v. State, Tenn. Crim. App., 560 S.W.2d 922 (1977). The decision in United States v. Henry, 709 F.2d 298 (5th Cir. 1983), although not factually in point, is nevertheless instructive in determining the meaning of the word "sentence.