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State v. Blackhurst8/30/2001
this case have not been fully analyzed. Accordingly, we remand this matter to the trial court to order either split confinement for the balance of the sentence or total incarceration. The trial court should make this determination in light of our conclusions above, all of the testimony previously heard at the sentencing hearing, and the sentencing considerations in Tennessee Code Annotated section 40-35-103. The trial court's decision should be based upon the current record. No further evidentiary hearings are necessary.
III. Conclusion
We reaffirm our holding in Ring that a trial court must allow a victim to provide the court with victim impact testimony pursuant to the law provided for such evidence as discussed in this opinion. We further hold that victim impact testimony must be considered in determining the length and manner of service of a defendant's sentence where such testimony contains relevant and reliable evidence establishing enhancing or mitigating factors and/or any other sentencing considerations. After our de novo review without a presumption of correctness, we are unable to conclude that Defendant met her burden of establishing suitability for full probation. Accordingly, we reverse the trial court's judgment regarding manner of service of Defendant's sentence and remand this matter to the trial court to make appropriate findings and order either split confinement for the balance of the sentence or total incarceration.
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