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State v. Imfeld3/11/2002
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[The defendant] has not sought out [alcoholics anonymous], even though it is within a possible distance.
Mr. Baker has sought to find ways of helping . . . but unfortunately [the defendant] has not. And I have a problem with that. And the problem I have with that is [the defendant] has sort of turned a blind eye to this. He knew that there was bodily injury. He knew that there was severe injury. He knew what the charges were. He didn't look to find out exactly what he had done, and what he needed to do to correct it. He didn't seek the help that he should seek.
There are three children involved in this accident. . . . For the grace of God . . . the child that was thrown out of the vehicle, had she landed on her head, might be dead, or . . . impaired . . . I cannot justify . . . giving a sentence that is not to serve . . . [consecutively], in light of the severity of the injuries in this case.
Similarly, the record reflects that the trial court considered the second prong of Wilkerson and found that the defendant was a danger to the community:
he fact that [the defendant] has picked up new charges . . ., not once, but twice, both driving charges, one of which, at least, he's alleged to committed a driving under the influence , concerns this Court mightily.
[The defendant] took no steps of his own to attempt to correct [his alcohol problem], and indeed, wound up with other charges.
And so that the record is clear, because appellate court will get this record, it's the court's belief that [the defendant] is, as he sits here today, while extremely remorseful, and never intentionally would have done any of this, unable to control his behavior in such a way that he cannot be safe in the outside community.
The trial court therefore concluded that the defendant "is a danger to the community under his present circumstances, and was at the time of the commission of this offense."
To summarize, the record reveals that the trial court made extensive factual findings consistent with this Court's decision in Wilkerson, which satisfy the statutory criteria for consecutive sentencing. Accordingly, we agree with the Court of Criminal Appeals that the record supports the trial court's decision to order three of the five sentences for aggravated assault to be served consecutively.
CONCLUSION
After reviewing the record and applicable authority, we conclude that the lower courts erred in applying the "multiple victims" and "potential bodily injury to a victim" enhancement factors, see Tenn. Code Ann. §§ 40-35-114(3) and -114(16) (1997 & Supp. 2001), but that a reduction in the length of the sentences is not warranted because several other valid enhancement factors were supported by the record. We also conclude that the trial court's imposition of consecutive sentences on the basis that the defendant was a dangerous offender was supported by the record, see id. § 40-35-115(b)(4). Accordingly, we affirm the judgment of the Court of Criminal Appeals. As it appears the defendant is indigent, costs of appeal are taxed to the State.
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