# FILED
February 10, 1998 Cecil Crowson, Jr. Appellate C ourt Clerk IN THE COURT OF CR IMINAL A PPEALS OF TENN ESSEE AT JA CKSON JANUA RY 1998 SESSION

STATE OF TENN ESSEE, ) ) NO. 02C01-9705-CC-00196 Appellee, ) ) WEAKLEY COUNTY VS. ) ) HON. WILLIAM B. ACREE, DARWIN RODREGUS WINDHAM, ) JUDGE ) Appellant. ) (Sentencing - Sale of Cocai ne)

FOR THE APPELLANT : JOSEPH P. ATNIP (At Sentencing; Of Counsel on A

ppeal) District Public Defender 111 Main Street P.O. Box 734 Dresden, TN 38225 CLIFFORD K. McGOWN, JR. (On Appeal) 113 North Court Square P.O. Box 26 Waverly, TN 37185 FOR THE APPEL LEE : JOHN KNOX WALKUP Attorney General and Repor ter CLI NTO N J. MOR GAN Assistant Attorney Gener al Cordell Hull Buildi ng, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 THO MAS A. THO MAS District Attorney General ALLEN J. STRAWBRIDGE, JR. Assistant

District Attorney

General 414 S. Fourth Street P.O. Box 218 Union City, TN 38261-0218

OPINION FI LED:

AFFIRMED -

RULE 20
JOE G. RILEY, JUDGE2 ORDER

The defendant, Darwin Rodreg us Windham, appeals the sentence imposed by the Circuit Court of Weakley County following his gui lty plea to the sale o f cocaine over 0.5 grams in Indi ctment No. 3097 and the sale of cocaine under 0.5 grams in In dictme nt No. 3098. The trial court sentenced him to concurrent sentences of eight (8) years for the Class B felony sale of coc ai ne and three (3) years for t he Class C felony sale of cocaine. The tr ial court ordered that, after serving one (1) year in the Weakley County jail, defendant could s erve the remainder

of his sentence in community corrections. Defendant appeals, claiming that the trial court should hav e granted prob at ion. We affirm the judgment of the trial court pursuant to Rule 20, Tennessee Court of Criminal App eals.

Because one of th e offen ses is a Cla ss B felo ny, defendant is not entitled to the statutory presumption of alternative sentencing

. See Tenn. Code Ann. § 40-35- 102(6). Moreover, the defendant carr ies the burden of establishing sui tabili ty for total probation. Tenn. Code Ann. § 40-35- 303(b); State v. Boggs , 932 S.W.2d 467, 477 (Tenn. Crim. App. 1996). To mee t this bu rden, defendant must show that probation will “subserve the ends of justi ce and the best interest of both the public and the defendant.” State v. Bingham , 910 S .W.2d 448, 456 (Tenn. Crim. App. 1995) (citations omitted). Defendant has not carried his burden.

The trial court sentenced defendant to the presumptive minimum w ithin the range for each offense. Furthermore, defendant was allowed to serve his sentence
on community corrections a fter serving one (1) year in the county jail. Considering the sentencing principles along with the relev

ant facts and circumstances, inc luding the nature of the offenses, we beli eve the trial court imposed an appro priate sentence.3 After a thoroug h review of the recor ds, brief s, and th e law governin g the issue presented for review, it is the opinion of this Court th at the judgment of the trial court should be affirmed pursuant to R ule 20, Tennessee Court of Crimina l Appeals.

JOE G. RILEY, JUDGE

CONCUR:

JOE B. JONES, PRESIDING JU DGE

PAUL G. SUMM ERS, JUDGE