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State v. Willis6/30/2003
misapplication of the exceptional cruelty factor, we cannot conclude the trial court abused its discretion in the weighing of the other enhancement factors, of which we conclude all were applied appropriately. No particular weight to any enhancement factor is prescribed by statute. State v. Moss, 727 S.W.2d 229, 238 (Tenn. 1986). Additionally, the trial court complied with the purposes and principles of the sentencing act, pursuant to Tennessee Code Annotated section 40-35-210. The trial court submitted support for its other findings, indicating that it did consider the evidence, the presentence report, the principles of sentencing, the nature of the conduct, and the enhancement and mitigation evidence. The defendant did not make a statement at the sentencing hearing. Because no particular weight is prescribed to any enhancement factor, the court was free to consider the enhancement factors as a whole and to sentence accordingly, which it did.
Our review reflects that the trial court followed the statutory sentencing procedure, imposing a lawful sentence after giving due consideration and proper weight to the factors and principles set out under sentencing law, and that the trial court's findings of fact are adequately supported by the record. As such, we may not modify the sentence even if we would have preferred a different result. State v. Fletcher, 805 S.W.2d 785, 789 (Tenn. Crim. App. 1991). Accordingly, we affirm the sentence imposed by the trial court.
Conclusion
Based on the foregoing, the defendant's second degree murder conviction is affirmed.
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