# FILED
June 9, 1999 Cecil W. Crowson Appellate Cou rt Clerk IN THE COURT OF CR IMINAL A PPEALS OF TENN ESSEE AT NASHVILLE MAY SESSION,

1999

STATE OF TENN ESSEE, ) ) No. 01C01-9807-CC-00306 Appellee ) ) WILLIAMSON COUNTY vs. ) ) Hon. Donald P. Harris, Judge BRIAN ROBERSON, ) ) (Sentencing) Appellant )
For the Appellant : For the Appellee : Trippe Steven Fri ed Paul G. Summers Attorney for Appellant Attorney General and Repor ter 302 Third Avenue South Franklin, TN 37064 Marvin E. Clement s, Jr. Assistant Attorney Gener al Criminal Justice Div

ision 425 Fifth Avenue North 2d Floor, Cordell Hul l Building Nashville, TN 37243-0493 Joseph Baugh District Attorney General P. O. Box 937 Franklin, TN 37065-0937

OPINION FILED: AFFIRMED PURSUANT TO R ULE 20
David G. Hay

es Judge2 OPINION
The appellant, Brian Roberson, a ppeals the denial of a Rule 35(b) “Motion for Correction of Sentence” by the Williamson County Criminal C ourt. This motion arose from a plea entered on January 14, 1998, by the appellant pur suant to an agreed disposition under R ule 11(e)(1)(C), Tenn. R . Crim. P. After pleading guilty to two counts sale of cocaine, a Class B felony, and one count sale of cocaine, a Class C felony, the trial court, in accordance with the plea agreement, imposed a sente nce of eight years for each Class B felony and a sentence of three years fo r the Class C felony. Apparently, the appellant was serving outstanding sentences of 17.5 years at the time he pled guilty to the current charges. The instant eight year s entences were ordered to run concurrently with eac h other and concurrently with the outstanding sentences of 17.5 y ears. However, th e three year sentence for the Class C felony was ordered to run consecutiv ely to the outstanding s entences for an effective sentence of 20.5 years. On appeal, the appellant argues that the trial court erroneously denied his mot ion to correct or reduce his three year sentence for the sale of cocaine.
Based upon our review of the entire record, i.e., the video transcripts, briefs, and argument of counsel, we affirm the judgmen t of the trial court pursuant to Rule 20, Tenn. Ct. Crim. App. R.

On June 8, 1998, the trial cour t held a hearing on the appell ant’s “Motion for Correction of Sentence.” In the appellant’s motion, he requested that “his sentence to the count of Class C felony sale of drugs be corrected to reflect that the time of confinement be spent in the Williamson County Workhouse.” H owever, at the motion hearing, counsel ora lly amended his motion to further request suspension of the three year sentence. At the hearing, the appellant offered no proof of any unusual circumstances or unfor eseen developments since his original sentencing3

date. The trial court found that the appellant entered into a negoti ated plea agreement and that it had no author ity to modify the prev

iously entered plea agreement based upon the evidence presented. Th us, the trial court summarily denied the appellant’s motion.

Modificatio n of a sentence may be granted under Rul e 35(b), Tenn R. Crim. P., if the trial court finds “ in the interests of justice, ” that the sentence must be reduced. See State v. Hodges , 815 S.W.2d 151, 154 (Tenn. 1991). Absent “unforeseen, post-sentencing developments,” a plea a greement under Rule 11(e)(1)(C), Tenn. R. C rim. P., should not be modified. State v. McDonald , 893 S.W.2d 945, 947 (Tenn. Crim. App.), perm. to appeal denied , (Tenn. 1994). The standard of review on appeal involving a Rule 35(b) motion is whether the trial court abused its discretion. See State v. Irick , 861 S.W.2d 375, 376 (Tenn. Crim. App. 1993); State v. Costa , No. 01C01-9511-CR-00376 ( Tenn. Crim. App. at Nashvi lle, Dec. 4, 1997).
The record fully supports the trial court’s disposition denying the appellant’s motion. Finding no abuse of dis cretion, the trial cour

t’s denial of the motion for correction or reduction of the sentence is affirmed pursuant to R ule 20, Tenn. Ct. Crim. App. R.

____________________________________ DAVID G. HAYES, Jud ge

CONCUR:4

________________________________ JERRY L. SMITH, Judge

________________________________ NORMA MCGEE OGLE, J udge