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State v. Atkins

11/10/1999

92, his parole on a different sentence was revoked. Since that time, there are between six and eight probation violations on his record.


Confinement is often necessary to protect society and to restrain those who have long histories of criminal conduct, especially when less restrictive measures than confinement have been unsuccessful; also, the lack of potential for rehabilitation is an important consideration in determining the length of the term. Tenn. Code Ann. § 40-35-103(1)(A), (C); Tenn. Code Ann. § 40-35-103(5). Here, the trial court found each of the two enhancement factors to be "extremely weighty, as strong as I have ever seen in sentencing in the 22 years I've been on the bench." In our view, the record supports that Conclusion. The maximum sentence is warranted under these circumstances.


Accordingly, the judgment is affirmed.


Gary R. Wade, Presiding Judge


CONCUR:


Jerry L. Smith, Judge


James Curwood Witt, Jr., Judge






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