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Tew v. State

The defendant was not legally eligible for first offender treatment in his statutory rape case, since such treatment is not available to persons convicted of a sexual offense.

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Ian David Tew pled guilty to the offense of statutory rape.1 He appeals the trial court’s ruling that he was not legally eligible for first offender treatment. Because the trial court did not err in finding that the law did not permit Tew to be sentenced as a first offender, we affirm.

Tew was indicted on nine counts,2 including one count of statutory rape,3 based upon a sexual encounter that occurred when Tew was 22 years old and the victim was 14 years old. On April 18, 2012, Tew entered a plea of guilty to statutory rape, admitting that he picked the victim up from her house, drove her to his house, had sex with her, and then drove her to Nashville. At the sentencing hearing, Tew requested that he receive first offender treatment and argued that he should not have to register as a sexual offender. The trial court concluded that Tew was not legally eligible for first offender treatment; required him to register as a sexual offender; sentenced him to ten years to be served on probation; and imposed sexual offender conditions on probation. This appeal ensued.

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