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State v. Butler3/18/2002
tened serious bodily injury. See Tenn. Code Ann. § 40-35-113(1). The trial court stated that this mitigating factor was applicable but gave it little weight in light of the seriousness of the offense and the two applicable enhancement factors. We note that the weight afforded an existing mitigating or enhancing factor is left to the sound discretion of the trial court. See State v. Boggs, 932 S.W.2d 467, 475 (Tenn. 1996). Accordingly, based upon the applicable enhancing factors and because this is the Defendant's fourth D.U.I conviction, we find no error in the sentence imposed by the trial court. This issue is without merit.
The Defendant also complains that the fine ordered by the trial court is unreasonable in light of his indigence. The trial court reduced the jury-imposed fine of $15,000 to $10,000 and stated
I don't know that he's going to be able to pay this $10,000 fine. But at some point, if you're ever going to drive again, you're going to have to pay that fine along with all the Court costs.
The trial court's imposition of a fine is to be guided by the factors of the 1989 Sentencing Act, including "`the defendant's ability to pay that fine, and other factors of judgment involved in setting the total sentence.'" State v. Lewis, 978 S.W.2d 558, 567 (Tenn. Crim. App. 1997)(quoting State v. Marshall, 870 S.W.2d 532, 542 (Tenn. Crim. App. 1993)). A defendant's ability to pay a fine is a factor in the establishment of that fine, but not necessarily the controlling factor. See Tenn. Code Ann. § 40-35-207(a)(7); see also Marshall, 870 S.W.2d at 542.
In fining the Defendant $10,000, the trial court reduced the jury's recommended fine of $15,000 and linked the new fine to the reinstatement of the Defendant's driver's license in order to underscore the seriousness of the offense. We find no error or abuse of discretion in the trial court's imposition of a $10,000 fine. This issue is without merit.
CONCLUSION
Accordingly, after a thorough review of the record, we conclude that the evidence is sufficient to support the Defendant's convictions and that he was properly sentenced. The judgment of the trial court is AFFIRMED.
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