State v. Sharon Marie Shell4/14/1999
The appellant, Sharon Marie Shell, referred herein as "the defendant," appeals as of right pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. Upon her plea of guilty to voluntary manslaughter, the trial court imposed a sentence of three years in the Department of Correction, denying an alternative sentence and full probation at the Conclusion of the sentencing hearing.
The sole issue for appellate review is: whether the trial court erred in denying the defendant an alternative sentence in the form of probation or split confinement.
After a review of the entire record, the briefs of the parties, and applicable law, we AFFIRM the trial court's judgment.
FACTUAL BACKGROUND
On March 27, 1996, the Hamilton County grand jury indicted the defendant for murder first degree in the killing of her fiancé, Charles Popp, on December 6, 1995. The victim died from a gunshot wound to the chest which penetrated the heart. On January 14, 1997, the defendant entered a guilty plea to voluntary manslaughter and requested that the trial court determine the appropriate sentence. The defendant also requested alternative sentencing of split confinement or full probation. A presentence report was prepared and, at the Conclusion of a sentencing hearing on June 4, 1997, the trial court imposed a three-year sentence and ordered the defendant confined in the Department of Correction.
SENTENCING HEARING
Detective Gary Gaskill, of the Hamilton County Sheriff's Department, testified he responded to a 911 call made by the defendant from her home in a trailer park on December 6, 1995. Upon arrival, Detective Gaskill met the defendant and her daughter, Brandy Shell. Detective Gaskill observed the victim's body lying in the hallway of the trailer. The defendant appeared calm, but somewhat distraught. The defendant's initial statement was that the victim been beating her. Detective Gaskill had photographs taken of the defendant's face and arms, as well as those of Brandy Shell. There was no evidence of visible trauma. At his office, Detective Gaskill obtained tape recordings from both the defendant and her daughter.
In the pertinent parts of her statement, the defendant related that in May, 1995, she and the victim had been drinking and became involved in a heated argument. The victim beat her and blackened her eye, which required medical treatment. Since that incident, the victim made an effort to control himself, but the couple continued to have arguments. On the day of the offense, the defendant and victim began drinking at 12:00 noon and continued drinking upon their arrival at a tavern at 3:00 p.m., where the victim discussed business with an acquaintance. After consuming seven or eight beers each, they left the tavern around 6:00 p.m.
At 7:00 p.m., the defendant, the victim, the victim's brother, Houston Scudgins, and Brandy Shell went to Cancun's, a Mexican restaurant. While eating, the victim and his brother began teasing the defendant about Swedish women. In response, the defendant placed an empty bowl that had contained avocado dip on the victim's shirt front. The victim got mad and attempted to pour half of a pitcher of margaritas on the defendant. The defendant spilled some when she knocked the pitcher away. At home, the victim started slapping the defendant and told her, "You need to get out of here." Brandy screamed, and the victim began yelling at her and went in her room, acting as if he was going to hit her. The defendant retrieved a gun from a desk drawer in the living room, turned, and said, "That's enough." The victim was at Brandy's bedroom door. The defendant then shot the victim, but stated she did no
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