IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON AUGUST 1998 SESSION

STATE OF TENNESSEE, ) C.C.A. NO. 02C01-9711-CC-00437 ) Appellee ) HARDIN COUNTY ) v. ) HON. C. CREED McGINLEY, ) JUDGE JAMES R. MOSS, ) ) PROBATION Defendant/Appellant )

FOR THE APPELLANT: FOR THE APPELLEE: Richard W. DeBerry John Knox Walkup Assistant District Public Defender Attorney General & Reporter 24th Judicial District North Forrest Avenue Marvin E. Clements, Jr. Camden, TN 38320 Assistant Attorney General Criminal Justice Division Cordell Hull Building, 2nd Floor Fifth Avenue North Nashville, TN 37243

OPINION FILED

AFFIRMED JOHN K. BYERS SENIOR JUDGE OPINION The defendant, James R. Moss, appeals as of right from the judgment of the Hardin County Circuit Court which denied him probation on two convictions of obtaining a controlled substance by fraud for which he was sentenced to serve three years on each offense concurrently.

The defendant says the trial court abused its discretion in denying probation.

We conclude that the evidence strongly supports the trial court’s action and that no error of law requiring a reversal is apparent from the record. Accordingly, the judgment is affirmed in accordance with Rule 20, Tenn.Ct.Crim.App.

John K. Byers, Senior Judge

CONCUR:

David H. Welles, Judge

Jerry L. Smith, Judge

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