 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Crawford2/4/1999
ion for every sentence, including, of course, consecutive sentences." State v. Wilkerson, 905 S.W.2d 933, 938 (Tenn. 1995). "The proof must also establish that the terms imposed are reasonably related to the severity of the offenses committed and are necessary in order to protect the public from further criminal acts by the offender." Wilkerson, 905 S.W.2d at 938; Tenn. Code Ann. § 40-35-102(1), (3)(B) (1997). If our review reflects that the trial court properly considered all relevant factors and the record adequately supports its findings of fact, this court must affirm the sentence even if we would have preferred a different result. State v. Fletcher, 805 S.W.2d 785, 789 (Tenn. Crim. App. 1991).
In this case, the trial Judge placed great weight on the fact that the defendant's past criminal history includes a conviction for involuntary manslaughter which resulted from the defendant's reckless driving as well as two convictions for driving under the influence , and a long list of other petty violations. We recognize that the defendant was convicted of involuntary manslaughter in 1968 when he was just 21 years old. His most recent conviction, prior to those in this case, is a 1982 Texas conviction for criminal mischief. However, nothing in the consecutive sentencing statute or our case law requires the trial court to consider only recent convictions when it makes its consecutive sentencing determinations. See, e.g., State v. Roscoe C. Smith, No. 01C01-9502-CR-0003, slip op. at 8 (Tenn. Crim. App., Nashville, Oct. 12, 1995) (a twenty-seven year record); State v. Timothy L. Russell, No. 01C01-9306-CR-99174, slip op. at 7 (Tenn. Crim. App., Nashville, June 2, 1994), perm. app. denied (Tenn. 1994) (ten tenprior convictions dating back to 1977); State v. Danny Boyd Cagel, No. 01C01-9301-CC-00006, slip op. at 3-4 (Tenn. Crim. App., Nashville, Nov. 18, 1993), perm. app. denied (Tenn. 1994) (twenty convictions dating back to 1972); Tenn. Code Ann. § 40-35-115 (1997). The record supports the trial court's finding that the defendant's record of criminal activity is extensive.
The record also satisfies the two Wilkerson requirements that the sentences be reasonably related to the severity of the offense and necessary to protect the public. Wilkerson, 905 S.W.2d at 938. Although the trial court recognized that the defendant maintained continuous employment and had the support of his family and the respect of many in the community, the court found that the defendant's continuing conduct exhibited extreme recklessness that posed a significant danger to the public. This defendant, who was angry and bitter over a divorce settlement, was willing to endanger the lives of the victims as well as those of any other motorist who might have been on the road that evening in order to intimidate his ex-wife and her niece and to vent his frustrations. This conduct coupled with his history of reckless behavior in general and his conviction for involuntary manslaughter in particular support the trial court's finding that consecutive sentences are reasonably related to the severity of the offenses committed and are necessary in order to protect the public from further criminal acts by the offender. See Wilkerson, 905 S.W.2d at 938.
For the reasons discussed above, we affirm the judgment of the trial court.
JAMES CURWOOD WITT JR., Judge
DAVID H. WELLES, Judge
L. TERRY LAFFERTY, Special Judge
Page 1 2 3 4 Tennessee DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|