Tennessee Supreme Court

State of Tennessee, Appellee v. Jabbaul Pettus, Appellant

January 25, 19991999 Tenn. LEXIS 44

Summary

The Tennessee Supreme Court affirmed the Court of Criminal Appeals, holding that Jabbaul Pettus's voluntary, knowing, and counseled guilty plea waived his challenge to the indictment's failure to allege the cocaine quantity (.5 grams or more) required for Class B felony classification, so the eight-year Class B sentence stood. Applying the plain-meaning rule, the Court held that a community corrections sentence is not equivalent to probation, rendering consecutive sentencing under Tenn. Code Ann. § 40-35-115(b)(6) erroneous; nevertheless, it affirmed the consecutive sentences because Pettus's extensive criminal record supported consecutive sentencing under Tenn. Code Ann. § 40-35-115(b)(2).