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State v. Neblett9/24/1999
ably related to the severity of the offenses committed; (2) serve to protect the public from further criminal conduct by the offender; and (3) are congruent with general principles of sentencing. State v. Wilkerson, 905 S.W.2d 933, 939 (Tenn. 1995).
Defendant, unquestionably, qualifies for consecutive sentencing under Tenn. Code Ann. § 40-35-115(b). His presentence report reveals an extensive record of criminal activity which includes convictions for: five public intoxications, three DUI's, reckless driving, first-offense DORL, joyriding, and bad checks. It also indicates little regard for human life and no hesitation about committing a crime where the risk to human life is high.
We conclude that a 24-year sentence is reasonably related to the severity of these offenses which resulted in the death of Stephen Atkins and serious injury to Glenda Atkins. Given defendant's history of alcohol abuse and alcohol-related offenses, we also conclude that consecutive sentencing serves to protect the public from further criminal conduct by a defendant who obviously cannot stop himself from drinking and driving.
V. VICTIM IMPACT TESTIMONY
Over defendant's objection, the trial court heard victim impact testimony from Glenda Atkins regarding the effect of her husband's death on her and her son. Defendant asserts that this was improper.
The Victims' Bill of Rights, Tenn. Code Ann. § 40-38-101, et. seq., provides for the presentation and consideration of victim impact testimony at sentencing hearings. Tenn. Code Ann. §§ 40-38-103(a)(2), - 202. A recent panel of this Court determined victim impact evidence to be admissible in non-capital cases. See State v. Paul Carr Moss, Jr., C.C.A. No. 01C01-9803-CC-00118, Robertson County (Tenn. Crim. App. filed June 1, 1999, at Nashville).
In this case, Glenda Atkins prepared and presented a victim impact statement which discussed the circumstances, financial impact, and emotional impact of the accident and her husband's death. The trial court overruled defendant's objection to Atkins' testimony and considered a copy of her written victim impact statement "in determining whether the factors in §§ 40-35-113 and 40-35-114 apply." Tenn. Code Ann. § 40-38-207.
The trial court properly admitted Glenda Atkins' testimony pursuant to Tenn. Code Ann. § 40-38-207 with a properly limited scope and purpose. This issue is without merit.
VI. CONCLUSION
Based upon the foregoing, we AFFIRM the judgment of the trial court.
JOE G. RILEY, JUDGE
CONCUR: DAVID G. HAYES, JUDGE L.T. LAFFERTY, SENIOR JUDGE
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