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Tennessee Court of Criminal Appeals hears challenge to six-month jail term for Richard Kinsinger Jr.
Summary
The Tennessee Court of Criminal Appeals convened in Jackson for oral argument in State v. Richard Kinsinger Jr., in which the defendant is appealing a trial court's sentence of six months incarceration followed by four and a half years of probation after entering an Alford plea to a reduced battery charge involving a child.
The Tennessee Court of Criminal Appeals convened in Jackson for oral argument in State v. Richard Kinsinger Jr., in which the defendant is appealing a trial court's sentence of six months incarceration followed by four and a half years of probation after entering an Alford plea to a reduced battery charge involving a child.
The appeal centers on whether the trial judge properly applied the sentencing factors set out in Tennessee Code Annotated § 40-35-103 (TCA §40-35-103) or instead abused her discretion by placing primary weight on the seriousness of the offense and statements about the victim's trauma. Defense counsel told the appeals court the sentencing judge's findings were not supported by the record and…
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