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State v. Johnson12/15/2005
On January 12, 2005, the defendant entered pleas of guilty as a Range II, multiple offender to the following offenses:
| Offense
| Sentence
| Forgery (4 counts)
| 4 years each count
| Identity Theft (4 counts)
| 4 years each count
| Speeding
| 30 days
| Failure to provide proof of financial responsibility
| Payment of costs
| Driving on revoked, 2nd offense
| 11 months, 29 days
| Driving on revoked, 2nd offense
| 11 months, 29 days
| Misdemeanor failure to appear
| 11 months, 29 days
| Felony failure to appear
| 2 years
| Felony failure to appear
| 3 years, suspended
| Theft under $500
| 11 months, 29 days
|
Pursuant to a plea agreement, the trial court ordered that the sentences for forgery, identity theft, speeding, driving on a revoked license, misdemeanor failure to appear, and theft under $500 be served concurrently. The sentences for felony failure to appear were ordered to be served consecutively to each other and to the remaining sentences for an effective sentence of nine years. Also pursuant to the plea agreement, the trial court ordered that the three-year sentence for felony failure to appear be suspended to supervised probation. The plea agreement left the manner of service of the remaining six-year sentence to be determined by the trial court.
At the sentencing hearing, the thirty-seven-year-old defendant testified that he was the father of three sons, each of whom was in the custody of his ex-wife. He contended that he had always provided financial and emotional support to his children and explained that he committed some of the crimes to which he pled guilty in order to provide shoes for his children. The defendant apologized to the victims of the forgery and identity theft crimes and expressed his willingness to provide restitution. He testified that his mother had been recently diagnosed with lung cancer and asked for lenience so that he could take care of her and his fourteen-year-old nephew who also resided with his mother. The defendant blamed the crimes on his addiction to drugs and alcohol and promised to work as a painter if granted a sentence involving release into the community. The defendant also expressed a desire to enter a residential drug and alcohol treatment program, claiming that he had made contact with two possible programs. He acknowledged that he had a pending probation violation charge in Hawkins County and a pending charge for assault. The defendant admitted that in 1999, while in a halfway house, he violated his probation by assaulting another resident.
After determining that the defendant, a Range II, multiple offender, was not entitled to the presumption in favor of an alternative sentence, the trial court denied alternative sentencing. The decision was based upon the defendant's criminal record and his inability to successfully complete sentences involving release into the community.
In this appeal, the defendant asserts that the trial court should have granted an alternative sentence. When there is a challenge to the length, range, or manner of service of a sentence, it is the duty of this court to conduct a de novo review with a presumption that the determinations made by the trial court are correct. Tenn. Code Ann. § 40-35-401(d) (2003). This presumption is "c
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