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STATE v. ESTEP

854 S.W.2d 124 (1992)

STATE of Tennessee, Appellee, v. Marvin O. ESTEP, Appellant.

Court of Criminal Appeals of Tennessee, at Knoxville.

Permission to Appeal Denied March 22, 1993.

Attorney(s) appearing for the Case

J. Lewis Combs, Jr., Elizabethton, for appellant.

Charles W. Burson, Atty. Gen. and Reporter, Jeannie Kaess, Asst. Atty. Gen., Nashville, Kenneth Baldwin, Asst. Dist. Atty. Gen., First Judicial Dist., Elizabethton, for State of Tennessee.

OPINION

WADE, Judge.

The defendant, Marvin O. Estep, was convicted of theft of over $500.00 and sentenced to two years. He was ordered to serve 120 days in jail with five years of supervision by the Community Corrections program.

In this appeal, the defendant, believing that probation and Community Corrections may be more onerous than confinement in the penitentiary, asks this court to reverse the grant of probation and order the execution of the...

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