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State v. Sisco10/30/2000
The Defendant pleaded guilty to the offense of robbery. His plea agreement provided that he would be sentenced as a Range II multiple offender, with the length of the sentence to be determined by the trial judge. Following a sentencing hearing, the judge sentenced him to ten years in the Department of Correction. On appeal, the Defendant argues that the trial judge erred by setting his sentence at ten years. We affirm the judgment of the trial court.
Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Criminal Court Affirmed.
David H. Welles, J., delivered the opinion of the court, in which Joe G. Riley and Norma mcGee Ogle, JJ., joined.
OPINION
The Defendant was indicted for the offenses of aggravated robbery and aggravated assault.
Both charges grew out of the Defendant's actions in forcibly obtaining certain prescription drugs from a drugstore in Nashville. The State's recitation of the underlying facts at the Defendant's guilty plea proceeding was as follows:
Your Honor, having gone to trial on this matter, we would've shown that, on the twenty-third day of June, nineteen-ninety-nine, the police were called to a Walgreen's here in Nashville, Davidson County, where a robbery-in- progress was reported.
It turned out that the Defendant had come into the Walgreen's, gone back to the pharmacy area, spoke with the pharmacist in just general terms, and then sat down and waited for four or five minutes.
Defendant then got up out of the chair, came over to the counter, and in his hand had a barbeque fork that, I believe, was taken from the shelf of the store itself. He threatened the pharmacist with the fork, demanding that he get Xanax.
The -- at one point the pharmacist, I think, tried to give him a generic drug rather than the brand name. He demanded the brand name, then ordered the pharmacist to open the bottle and pour the pills down his throat.
The pharmacist refused to do that. The suspect then told him to put the pills in his hand. He poured approximately ninety-four pills into this Defendant's hand.
The Defendant then swallowed the pills, walked around to the waiting area of the pharmacy, and sat there and waited for the police to get there. The Defendant was taken to the hospital and treated for the overdose from the Xanax.
There was another individual who was there, by the name of Michael Wasson (phonetic), who attempted to come to the back of the store and break up what was going on and, in the struggle, got poked in the hand with the fork; but this was when he was attempting to take the fork away from the Defendant.
Pursuant to a plea agreement, the Defendant pleaded guilty to the lesser included offense of robbery, a Class C felony. The State agreed to dismiss the aggravated assault charge. The plea agreement provided for a sentence of eight to ten years in the Department of Correction, with the exact length and manner of service of the sentence to be determined by the trial court. After conducting a sentencing hearing, the trial judge sentenced the Defendant to serve ten years in the Department of Correction. The Defendant appeals from the sentence imposed by the trial court, asking this Court to reduce the length of his sentence.
When an accused challenges the length, range, or manner of service of a sentence, this Court has a duty to conduct a de novo review of the sentence with a presumption that the determinations made by the trial court are correct. Tenn. Code Ann. § 40-35-401(d). This presumption is "conditioned upon the affirmative showing in the record that the trial court considered the sentencing
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