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State v. Polston8/19/2004
ors when determining a defendant's sentence. Tenn. Code Ann. §§ 40-35-114, -113.
In sentencing a defendant, the presumptive sentence for a defendant convicted of a Class B, C, D, or E felony shall be the minimum sentence in the range if no enhancing or mitigating factors are present. Tenn. Code Ann. § 40-35-210(c). When such factors are present, "the court must start at the minimum sentence in the range, enhance the sentence within the range as appropriate for the enhancement factors, and then reduce the sentence within the range as appropriate for the mitigating factors." Tenn. Code Ann. § 40-35-210(e).
Because the trial court did not delineate its sentencing rationale adequately to provide us with a presumption, we must consider the sentence de novo. As the trial court noted, the Defendant caused serious bodily injury to the victim, who may no longer be able to continue his military service in the Navy. We conclude that no mitigating factors apply as listed under Tennessee Code Annotated section 40-35-113. However, as testimony during the sentencing phase indicated, the Defendant is a first-time offender who has positively contributed to the community. Furthermore, the incident occurred within a matter of seconds. Therefore, we conclude that the sentence of two years probation, of which the Defendant must serve sixty days on weekends is appropriate.
III. Conclusion
In accordance with the foregoing authorities and reasoning, we REVERSE the Defendant's conviction and REMAND the case for a new trial.
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