 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Drake6/6/2005
ncing complaint is that the trial court improperly and summarily dismissed his application for judicial diversion, see Tenn. Code Ann. § 40-35-313 (Supp. 2004), in connection with his aggravated assault conviction. The defendant's motion seeking such relief was filed subsequent to sentencing and the entry of his judgments of conviction.
We need not address the substantive merits of this claim because procedurally the trial court was not authorized to consider the application. That is, in State v. Turco, 108 S.W.3d 244 (Tenn. 2003), the supreme court, interpreting the terms of the judicial diversion statute, ruled that a trial court does "not have statutory authority for ordering judicial diversion after an adjudication of guilt or imposition of sentence." Id. at 248. Consequently, we reject this claim.
Before concluding our discussion and rulings concerning the defendant's sentence, we feel obligated to note that on April 15, 2005, the Tennessee Supreme Court released its opinion in State v. Edwin Gomez & Jonathan S. Londono, ___ S.W.3d ___, No. M2002-01209-SC-R11-CD (Tenn., Nashville, Apr. 15, 2005), petitions for reh'g denied, (May 18, 2005). In that decision, our supreme court held that Tennessee's sentencing scheme does not violate the Sixth Amendment right to trial by jury, as expounded by the United States Supreme Court in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348 (2000), Blakely v. Washington, 542 U.S. ___, 124 S.Ct. 2531 (2004), and United States v. Booker, 543 U.S. ___, 125 S.Ct. 738 (2005). Pursuant to Edwin Gomez, the defendant's sentencing is not infirm on Sixth Amendment grounds.
CONCLUSION
Summarizing, we hold that the convicting evidence is sufficient to support the jury's verdict of guilt on the charge of aggravated assault, that no evidentiary error resulted from the trial court's exclusion of the defendant's computer visualization, that the results of the blood toxicology test were properly admitted, and that the defendant's sentence is not excessive. Accordingly, the judgment of the trial court is hereby affirmed.
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Tennessee DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|