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State v. Frazee10/25/1999
the section 40-35-302(d) percentage issue.
Finally, we reach the question of whether this sentence is appropriate given the facts of this case. We begin by rejecting the argument that Frazee should receive no more than 25 days in jail because that was the average jail sentence imposed in 70 recent, local cases. Sentencing issues must be determined by the facts presented in each individual case. State v. Moss, 727 S.W.2d 229, 235 (Tenn. 1966). "Any case-by-case approach will embody discretion, since all of the appropriate facts and circumstances must be weighed and considered as a whole for the Disposition of each case . . . ." Id. As we observed in State v. Michael Leon Chambers, No. 01C01-9505-CC-00143, slip op. at 6 (Tenn. Crim. App., Nashville, June 20, 1996), " here is no requirement for equal sentences among co-defendants." By analogy, this principle is equally applicable to the situation at bar.
Upon our de novo review, we conclude that the trial court followed the requirements of the sentencing law, and its determination is supported by the record. The defendant has failed to carry his burden of showing that the sentence imposed is improper. See Tenn. Code Ann. § 40-35-401(d), Sentencing Comm'n Comments (1997); Ashby, 823 S.W.2d at 169.
Accordingly, we affirm the judgment of the trial court.
JAMES CURWOOD WITT, JR., JUDGE
CONCUR:
DAVID H. WELLES, JUDGE
JERRY L. SMITH, JUDGE
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