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State v. Wilson5/4/2005
-113(13). The trial court did, in fact, consider the Defendant's poor health, and it stated, "Sympathy for bad health is sympathy for bad health. But people who are in bad health don't have to be dealing cocaine. That's the significance." The trial court also ordered that the Defendant serve his sentences in the Special Needs Unit of the Department of Correction to ensure that "he receives the treatment that he needs." We conclude that the trial court did not err when it declined to reduce the Defendant's sentence based on this mitigating factor.
The result of the trial court's application of one enhancement factor and no mitigating factors is adequately supported by the record, and the Defendant's ten-year sentence was proper. The Defendant has failed to carry his burden of showing that the sentence was improper. Furthermore, because the Defendant was properly sentenced to ten years for his Class B felony conviction, he is not eligible for alternative sentencing. See Tenn. Code Ann. 40-35-303(a). This issue is without merit.
III. Conclusion
In accordance with the foregoing reasoning and authorities, we affirm the Defendant's sentence.
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