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State v. Taylor3/19/2002
large punitive fine does not appear necessary to achieve an appropriate overall sentence. After carefully reviewing the record in this case in light of these applicable sentencing principles, we agree with Judge Witt that the fine should be reduced to the statutory minimum of $3,000. As modified, the fine does not contravene the state and federal constitutional provisions prohibiting excessive fines because the fine is not disproportional either to the gravity of the defendant's offense or to the culpability of the defendant. See Stuart, 963 S.W.2d at 35; United States v. Bajakajian, 524 U.S. 321, 334, 118 S. Ct. 2028, 2036, 141 L. Ed. 2d 314 (1998).
Conclusion
For the reasons stated herein, we conclude that the Court of Criminal Appeals erred in holding Tenn. Code Ann. § 55-50-504(a)(2) facially unconstitutional. Although statutes which prescribe no maximum may result in fines which may be challenged as excessive, courts should first assess such challenges pursuant to the principles of the Criminal Sentencing Reform Act before analyzing the constitutional validity of the fine. Having concluded that the fine imposed by the jury in this case is excessive under the principles of the Criminal Sentencing Reform Act, we modify the fine to the statutory minimum of $3,000. As modified, this fine does not contravene the state and federal constitutional provisions prohibiting excessive fines. Accordingly, we reverse that part of the judgment of the Court of Criminal Appeals holding Tenn. Code Ann. § 55-50-504(a)(2) unconstitutional. Costs of this appeal are taxed equally between the State of Tennessee, and the defendant, Alvin Ray Taylor, for which execution may issue if necessary.
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