IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON APRIL 1998 SESSION FILED April 23, 1998 Cecil Crowson, Jr. STATE OF TENNESSEE, ) Appellate C ourt Clerk ) C.C.A. NO. 02C01-9710-CR-00382 Appellee, ) ) SHELBY COUNTY VS. ) ) NO. 96-13311 Below AARON L. DRUMMER, ) ) Appellant. ) RULE 20 ORDER

ORDER

The defendant, Aaron L. Drummer, pled guilty to possession with intent to sell or deliver ten (10) pounds of marijuana, a Class E felony. He agreed to a sentence of one (1) year and a $3,000 fine, the manner of sentence to be determined by the trial court. At the conclusion of the sentencing hearing, the trial court denied alternative sentencing. The defendant was immediately incarcerated.

On appeal the defendant contends the trial court erred in denying alternative sentencing. However, it appears to this Court that the defendant has been released from incarceration. The issue, therefore, is moot. See State v. Samuel D. Perry, C.C.A. No. 02C01-9611-CR-00435, Shelby County (Tenn. Crim. App. filed January 29, 1998, at Jackson); State v. Terry Moore, C.C.A. No. 02C01-9509-CC-00257, Madison County (Tenn. Crim. App. filed August 2, 1996, at Jackson).

It is, therefore, ORDERED that the judgment of the trial court is affirmed in accordance with Rule 20 of the Tennessee Court of Criminal Appeals. Costs are taxed to the State of Tennessee, as it appears the defendant is indigent. _________________________ JOE G. RILEY, JUDGE

CONCUR:

_________________________ DAVID G. HAYES, JUDGE

_________________________ WILLIAM M. BARKER, JUDGE