Tennessee appellate panel hears challenge to six-year sentence, defense seeks remand over probation finding

Brennan Wingerter, attorney for Louis Frasier, told a Tennessee appellate panel on Tuesday that the Giles County trial court imposed a six-year sentence without properly considering the statutory presumption that a Range I offender convicted of a class C felony is eligible for probation. "It is a required consideration," Wingerter said, arguing the trial court conflated probation eligibility with release eligibility and relied on speculative comments about parole and confinement location.

Wingerter described three errors in the sentencing: the trial court confused probation eligibility with release eligibility; it did not recognize or record the presumption favoring probation; and it relied on speculation about where Frasier would be confined and what parole might look like. He said the sentencing transcripts show the court misunderstood split…