Opinion

State of Tennessee v. Gary Lee Bragg

Court
Court of Criminal Appeals of Tennessee
Filed
Aug 28, 2019
Status
Published
On the bench
Judge Robert H. Montgomery, Jr.
Cited by
0 cases
Authority
More cited than 8.8%

The opinion

08/28/2019

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT KNOXVILLE

Assigned on Briefs June 25, 2019

STATE OF TENNESSEE v. GARY LEE BRAGG

Appeal from the Criminal Court for Knox County

No. 108446 Bob McGee, Judge

No. E2018-01789-CCA-R3-CD

The Defendant, Gary Lee Bragg, was convicted by a Knox County Criminal Court jury of

two counts of aggravated burglary, a Class C felony; possession of burglary tools, a Class A

misdemeanor; and two counts of drug possession, a Class A misdemeanor. See T.C.A. § 39-

14-403 (2018); 39-14-701 (2018), 39-17-418 (2018). The trial court sentenced the

Defendant as a Range III, persistent offender to twelve years for each aggravated burglary

conviction and to eleven months, twenty-nine days for each misdemeanor conviction. The

court ordered consecutive service of the aggravated burglary sentences, for an effective

twenty-four-year sentence. On appeal, the Defendant contends that (1) the evidence is

insufficient to support one of the aggravated burglary convictions and (2) the trial court erred

by imposing consecutive sentencing. We affirm the judgments of the trial court.

Tenn. R. App. P. 3 Appeal as of Right; Judgments of the Criminal Court Affirmed

ROBERT H. MONTGOMERY, JR., J., delivered the opinion of the court, in which NORMA

MCGEE OGLE and J. ROSS DYER, JJ., joined.

J. Liddell Kirk (on appeal) and R. Alexander Brown (at trial), Knoxville, Tennessee, for the

appellant, Gary Lee Bragg.

Herbert H. Slatery III, Attorney General and Reporter; Renee W. Turner, Senior Assistant

Attorney General; Charme Allen, District Attorney General; and Ta Kisha Fitzgerald,

Assistant District Attorney General, for the appellee, State of Tennessee.

OPINION

This case relates to two November 2015 home burglaries. At the trial, a November

23, 2015 recording of a 9-1-1 call regarding a home burglary on Iredell Avenue was played

for the jury. In the recording, a male caller reported that his home had been “robbed” while

he had been at work. The caller reported “forced entry” through a side door and stated that

his PlayStation 4, PlayStation 3, and a video game were missing, that he was unsure if

anything else had been taken, and that a television had been moved.

A November 25, 2015 recording of 9-1-1 call regarding an apartment burglary on

Gallaher View Road was played for the jury. In the recording, a female caller reported that

someone had “broken into” a neighboring apartment. She stated that the men “busted in the

door” and that the men were still inside the apartment. She said that she had never seen the

men previously, that a tenant had to have a key to lock the door from the outside, and that, as

a result, she did not think the men were tenants. The dispatcher stated that another tenant at

the apartment complex had called 9-1-1, as well. She provided directions to the apartment

and said the men were leaving the apartment. She remained on the line until police officers

arrived and placed the men in custody.

Knoxville Police Officer Raiques Crump testified that he responded to the home on

Iredell Avenue, that the homeowner stated the home had been burglarized, and that the

homeowner showed him a side door that had been pried open. Officer Raiques said that the

home had been “ransacked,” that furniture had been moved, that clothes had been strewn

about the home, and that someone had “torn up” the home. He said the homeowner reported

that two PlayStation consoles and a video game had been taken from the home. Officer

Raiques said that he contacted the forensics department and that someone attempted to

obtain fingerprints from inside the home. On cross-examination, Officer Raiques stated that

the homeowner only reported damage to the side door and did not mention a potential

suspect.

Knoxville Police Officer David Gerlach testified that he and Officer McNutt

responded to the apartment on Gallaher View Road and that he saw two men leaving the

apartment where a burglary had been reported. Officer Gerlach said that he and Officer

McNutt commanded the men to lie on the ground and that the men were placed in handcuffs.

Officer Gerlach identified the Defendant and codefendant Iran Lyons as the men leaving the

apartment and said that, when he searched the Defendant, he found a set of keys with a key

fob. Officer Gerlach said that he activated the key fob, that the headlights of a car in the

parking lot flashed, and that he called for a police dog unit to “conduct a sniff” of the car.

Officer Gerlach said that the dog “did a passive alert” for the presence of narcotics, that the

vehicle was searched, and that marijuana and Opana pills were found inside the center

console, along with the Defendant’s identification. Officer Gerlach said that four computers

and a Kindle tablet were found on the back seat. Officer Gerlach said that the computers’

serial numbers were entered into the NCIC database and that one of them had been reported

stolen from the Iredell Avenue home.

Officer Gerlach testified that the front door to the apartment had been broken and that

a pry bar was found on a sofa cushion inside the apartment. He said that two PlayStation

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consoles had been disconnected and placed on the floor in the middle of the room, that the

sofa had been overturned, that a loaded SKS assault rifle was behind the sofa, that the rifle

contained thirty-seven live rounds, and that a .45-caliber Glock handgun was found “in the

corner of the room.” He said that the apartment had been ransacked and that a small bag of

marijuana was found inside the apartment. He said the forensics department attempted to

obtain fingerprints from inside the apartment. He identified various photographs showing

the damage to the apartment door and the condition of the apartment when he arrived, and a

video recording from his police car was played for the jury. He said that he did not find

ammunition inside the apartment, other than the ammunition inside the loaded firearms.

On cross-examination, Officer Gerlach testified that no fingerprints were found on the

firearms and that he did not know which other items inside the apartment were dusted for

fingerprints. He said that the pry bar was dusted for fingerprints but that he did not know

whether any were found. He said the Defendant and codefendant Lyons were not wearing

gloves.

Frederick Dorsett testified that on November 23, 2015, he and his son lived at the

home on Iredell Avenue. Mr. Dorsett said that when he returned home on November 25, the

side door had been “kicked in” and that his son called the police. Mr. Dorsett said that two

game consoles, a computer, “a little bit of money,” and scratch-off lottery tickets had been

taken from the home. He said the police returned his computer. He denied giving anyone

permission to kick in his door and to enter his home. He said that he did not give the

Defendant permission to be inside his home and to take his belongings.

On cross-examination, Mr. Dorsett testified that he did not know the Defendant but

that his girlfriend’s daughter and codefendant Lyons were friends. Mr. Dorsett said that

codefendant Lyons’ girlfriend lived nearby. Mr. Dorsett said that he did not “have any

dealings with” codefendant Lyons. Mr. Dorsett said that the door lock and frame were

damaged, that footprints were left on the door where it was kicked, and that based upon the

markings it looked like the door had been pried open with a crowbar. He agreed the police

attempted to obtain fingerprints from his television but that none were found. On redirect

examination, Mr. Dorsett stated that he did not give codefendant Lyons permission to enter

his home and to take his belongings.

Knoxville Police Department evidence technician Rebecca Taylor testified that she

unsuccessfully attempted to obtain fingerprints inside Mr. Dorsett’s home on Iredell Avenue.

She said, though, that she found “glove prints,” which indicated the perpetrators probably

wore gloves.

Ariella Douglas testified that on November 25, 2015, she lived in the apartment

located on Gallaher View Road. She said that she was getting ready to leave work when she

received a telephone call from the police telling her that her apartment had been burglarized.

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She said that her apartment had been “trashed” and that the rifle, the handgun, and the pry

bar found inside her apartment did not belong to her. She identified a photograph of her

living room and said that although the photograph showed the game consoles on the floor in

the middle of the room, they were stored under the television stand. She denied that the guns

and marijuana were inside the apartment when she left for work. She said that she did not

give the Defendant and codefendant Lyons permission to enter her apartment.

On cross-examination, Ms. Douglas did not recall previously testifying that she drove

to her grandmother’s home before driving to the apartment on the night of November 25.

She said that after the incident, her family retrieved her belongings from the apartment. She

identified a photograph depicting three men, and she identified only her cousin, Ronnie

McElwain, from the photograph. She said that Mr. McElwain, along with her younger

cousins, periodically stayed overnight at her apartment. She said that, at the time of the

incident, she lived at the apartment with her then-boyfriend and that she began moving her

belongings out of the apartment before the incident because their relationship was ending.

She knew Mr. McElwain had a criminal history, but she denied knowing the crime for which

he had been convicted. She denied that her younger cousins and her former boyfriend had

criminal histories.

Ms. Douglas testified that she had not been at the apartment for almost one week at

the time of the incident. She denied that any of her cousins had keys to the apartment and

said that she was at the apartment whenever her cousins were there. She clarified that after

she spoke to the police officers at her apartment, she went to her grandmother’s home. On

redirect examination, she stated that her cousins, with the exception of Mr. McElwain, who

stayed at her apartment were ages one, five, six, and seven. She stated that the clothes

depicted in the apartment photographs belonged to her former boyfriend.

Miguel Martinez testified that he lived at the same apartment complex as Ms. Douglas

and that he called 9-1-1 on the night of the incident. He said that he and his friend left his

apartment to purchase dinner for their children and that he saw two African-American men

on the second floor of the apartment building when they returned. Mr. Martinez recalled

thinking the men might have been locked out of their apartment. Mr. Martinez said that he

and his friend had to return to the restaurant because the order was incorrect and that as they

were leaving, he saw that the apartment door where the men had been standing had been

“busted into.” Mr. Martinez said that he saw a man peeking out of the window. Mr.

Martinez said that wood hung from the apartment door, that the door was not closed fully,

and that he found this suspicious based upon his training in security. Mr. Martinez said that

he parked his car in front of the apartment building, that he called “the property police,” who

did not answer, and that he called 9-1-1 and waited inside his car until the police arrived. He

said that he pointed to the apartment when the officers arrived. Mr. Martinez said he did not

see the men break into the apartment, only attempting to “jiggle something . . . to force the

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door to . . . open.” On cross-examination, Mr. Martinez stated that although he did not see

the men’s faces, he saw them inside the apartment and watched the men until the police

arrived and took them into custody.

Knoxville Police Officer Roger McNutt testified that he responded to the incident on

Gallaher View Road and that, before entering the apartment, he spoke to Mr. Martinez, who

stated that the men were still inside the apartment. Officer McNutt stated that the Defendant

and codefendant Lyons walked out of the apartment and that Officer Gerlach placed them in

handcuffs.

Knoxville Police Officer Edward Johnson testified that he unsuccessfully attempted to

obtain fingerprints from the firearms and the pry bar found inside Ms. Douglas’ apartment.

He did not attempt to obtain fingerprints from any additional items.

Certified copies of two judgments of conviction were received as an exhibit. The

judgments reflected that, in November 2006, the Defendant had been convicted of the

attempt to introduce contraband into a penal facility and that, in December 2009, the

Defendant had been convicted of felony theft.

The Defendant testified that on the night of his arrest, he and codefendant Lyons went

to the apartment complex to visits their friends, C.C. and Tonya. The Defendant said that

nobody was at the apartment when they arrived and that, when they were leaving, they saw a

police car pull into the parking lot. The Defendant said that codefendant Lyons had an

outstanding arrest warrant. The Defendant said that initially they began to turn around and

walk up the steps toward the apartment but that they decided to continue leaving because

they had done nothing wrong. The Defendant said that, as they walked down the steps, the

police officers “jumped out” with their firearms pointed at them and instructed them to lie on

the ground. He said that the officers placed him under arrest, searched him, took his car

keys, and placed him in the back of a police car. The Defendant denied knowing Ms.

Douglas, Mr. McElwain, and Mr. Martinez and said that he and codefendant Lyons had been

at the apartment for approximately ten to fifteen minutes before the police arrived.

On cross-examination, the Defendant testified that he never entered Ms. Douglas’

apartment and that he never entered any apartment on the night of the incident. The

Defendant said that he and codefendant Lyons knocked on the door of apartment 208 and

that he did not pay attention to determine if anyone was attempting to break into Ms.

Douglas’ apartment. He did not recall seeing anyone run from Ms. Douglas’ apartment and

said that he and codefendant Lyons did nothing wrong. He denied knowing Ms. Douglas’

former boyfriend.

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The Defendant admitted that he owned the car in which the marijuana and Opana pills

were found and that the marijuana and pills belonged to him. He admitted he was guilty of

possessing controlled substances. He denied he was guilty of breaking into an apartment and

possessing the firearms. He agreed that the laptop computers found inside his car did not

belong to him and that one of the computers belonged to Mr. Dorsett. The Defendant said

that he did not know Mr. Dorsett and that he bought all of the laptops “off the street from

somebody.” The Defendant referred to the seller as “a crackhead” and as “Jim[] from the

east side.” The Defendant said he bought the computer as a Christmas gift about two weeks

before his arrest.

The Defendant testified that his fingerprints were not found on anything inside Ms.

Douglas’ apartment and that he did not have gloves or her property in his possession at the

time of his arrest. He did not dispute the accuracy of the judgments previously received as

an exhibit showing his previous convictions and agreed that he had five previous federal

convictions for offenses involving cocaine. He also agreed that he had previous convictions

for misdemeanor theft and stated that he pleaded guilty in his previous cases to take

responsibility for his conduct. He denied being guilty of the present aggravated burglary and

firearm charges.

Upon this evidence, the jury found the Defendant guilty of two counts of aggravated

burglary, possession of burglary tools, and two counts of drug possession. The jury

acquitted the Defendant of possession of a firearm during the commission of a dangerous

felony and possession of a handgun by a convicted felon. The trial court imposed an

effective twenty-four-year sentence. This appeal followed.

I. Sufficiency of the Evidence

The Defendant contends that the evidence is insufficient to support his conviction for

the aggravated burglary of the Iredell Avenue home. He argues that although Mr. Dorsett’s

computer was found inside his car, this evidence is insufficient to establish he entered Mr.

Dorsett’s home. The State responds that the evidence is sufficient. We agree with the State.

In determining the sufficiency of the evidence, the standard of review is “whether,

after viewing the evidence in the light most favorable to the prosecution, any rational trier of

fact could have found the essential elements of the crime beyond a reasonable doubt.”

Jackson v. Virginia, 443 U.S. 307, 319 (1979); see State v. Vasques, 221 S.W.3d 514, 521

(Tenn. 2007). The State is “afforded the strongest legitimate view of the evidence and all

reasonable inferences” from that evidence. Vasques, 221 S.W.3d at 521. The appellate

courts do not “reweigh or reevaluate the evidence,” and questions regarding “the credibility

of witnesses [and] the weight and value to be given the evidence . . . are resolved by the trier

of fact.” State v. Bland, 958 S.W.2d 651, 659 (Tenn. 1997); see State v. Sheffield, 676

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S.W.2d 542, 547 (Tenn. 1984).

“A crime may be established by direct evidence, circumstantial evidence, or a

combination of the two.” State v. Hall, 976 S.W.2d 121, 140 (Tenn. 1998); see also State v.

Sutton, 166 S.W.3d 686, 691 (Tenn. 2005). “In the absence of direct evidence, a criminal

offense may be established exclusively by circumstantial evidence.” State v. Dorantes, 331

S.W.3d 370, 379 (Tenn. 2011). “The standard of review ‘is the same whether the conviction

is based upon direct or circumstantial evidence.’” Id. (quoting State v. Hanson, 279 S.W.3d

265, 275 (Tenn. 2009)).

As relevant to the present case, aggravated burglary is defined as “burglary of a

habitation[.]” T.C.A. § 39-14-403(a). “A person commits burglary who, without the

effective consent of the property owner . . . [e]nters a building other than a habitation (or any

portion thereof) not open to the public, with intent to commit a felony, theft, or assault[.]”

Id. § 39-14-402(a)(1) (2018). Habitation is defined as “any structure . . . designed or adapted

for the overnight accommodation of persons[.]” Id. § 39-14-401(1)(A) (2018). Owner is “a

person in lawful possession of property whether the possession is actual or constructive.” Id.

§ 39-14-401(3). A jury is permitted to infer that a person who possesses recently stolen

property obtained the property through theft, unless the possession of the property is

satisfactorily explained. State v. James, 315 S.W.3d 440, 450 (Tenn. 2010). However, the

inference that a burglary occurred is only permitted when “there exists a rational connection

between possession and participation, when guilt [of burglary] more likely than not flows

from possession, and importantly, when there is some other evidence corroborating the

burglary that warrants the inference.” Id. at 452; see State v. Foust, 482 S.W.3d 20, 54-55

(Tenn. Crim. App. 2015).

In the light most favorable to the State, the evidence shows that on November 23, Mr.

Dorsett returned to his home on Iredell Avenue to find that the side door had been “kicked

in” or “pried open” and that several items, including a computer, had been taken from the

home. Mr. Dorsett testified that he did not give anyone permission to enter his home and to

take his belongings. Two days later, on November 25, the Defendant and codefendant Lyons

were seen inside Ms. Douglas’ apartment on Gallaher View Road. Mr. Martinez called the

police when he saw damage to Ms. Douglas’ apartment door and a man peeking out of a

window from inside the apartment. Mr. Martinez remained at the scene watching the men

until the police arrived, and he directed the responding officers to Ms. Douglas’ apartment.

Officer Gerlach saw the Defendant and codefendant Lyons leaving the apartment and took

them into custody. Upon investigating, Mr. Dorsett’s computer was found inside the

Defendant’s car. Ms. Douglas’ apartment, like Mr. Dorsett’s home, had been ransacked, and

the police found a pry bar inside. The pry bar did not belong to Ms. Douglas.

The Defendant was apprehended during the commission of the aggravated burglary of

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Ms. Douglas’ apartment, which occurred two days after the aggravated burglary of Mr.

Dorsett’s home. Possession of Mr. Dorsett’s stolen computer, without a satisfactory

explanation for the possession, permitted the jury to infer that the Defendant obtained the

property through a burglary. At the trial, the Defendant admitted that Mr. Dorsett’s

computer was found inside the Defendant’s car and testified that he bought the computer

about two weeks before his arrest and before the burglary at Mr. Dorsett’s home from

someone he referred to as Jim. The jury considered the Defendant’s explanation for his

possession of the stolen property, and the verdict reflects that it discredited the Defendant’s

testimony. The evidence is sufficient to support the conviction, and the Defendant is not

entitled to relief on this issue.

II. Sentencing

The Defendant contends that the trial court improperly ordered consecutive service of

the aggravated burglary sentences. The Defendant argues that because he was a Range III

offender, consecutive service rendered his effective twenty-four-year sentence excessive.

The State responds that the court did not abuse its discretion by imposing consecutive

service. We agree with the State.

At the sentencing hearing, the presentence report was received as an exhibit. The

report reflected that the thirty-three-year-old Defendant had previous convictions for five

counts of driving when his license was suspended or revoked, two counts of failure to

present a driver’s license upon demand, five counts of evading arrest, misdemeanor theft,

felony theft, five counts of misdemeanor drug possession, attempted introduction of

contraband into a penal facility, misdemeanor failure to appear, and criminal trespass. The

Defendant had drug-related felony convictions from federal court. The Defendant had

previous juvenile adjudications for failure to present a driver’s license upon demand, evading

arrest, theft, driving when his license was suspended or revoked, casual exchange, criminal

impersonation, and two counts of “violation of aftercare.”

The presentence report reflected that at the time of the sentencing hearing, the

Defendant had a pending probation violation matter related to his federal convictions. The

Defendant reported completing the eighth grade and leaving school in the ninth grade

because he “went to the streets.” He stated that he had not obtained a GED. He reported that

he first drank alcohol at age fourteen or fifteen and that, since age seventeen, he drank

alcohol once or twice per week. He stated that he first used marijuana at age fifteen, that he

used it daily by age sixteen or seventeen, and that he last used it in 2015. He said that he

used Xanax weekly for several months during his late teens. He stated that he completed a

drug treatment program as a teenager after violating his probation for using marijuana. He

reported having excellent mental and physical health and having previous employment at

Skyco Staffing.

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Certified copies of judgments of conviction from federal court were received as an

exhibit and showed that in 2009 the Defendant was convicted of two counts of possession

with the intent to distribute cocaine base and three counts of possession with the intent to

distribute more than five grams of cocaine base. The Defendant received concurrent

sentences of seventy-two months for each conviction. Certified copies of Knox County

judgments of conviction were received as exhibits and reflected that in 2009 the Defendant

was convicted of felony theft and that in 2006 he was convicted of attempted introduction of

contraband into a penal facility. Certified copies of judgments of conviction for

misdemeanor convictions were received as an exhibit and reflected that the Defendant was

convicted of five counts of evading arrest, shoplifting, driving when his license was revoked,

and drug possession. The judgments reflected two probation revocations related to his

evading arrest convictions.

The trial court determined that the Defendant was a Range III offender. The trial

court found that enhancement factor (1) applied because the Defendant had fourteen previous

misdemeanor and felony convictions, in addition to his convictions in federal court. See

T.C.A. § 40-35-114(1) (2014) (subsequently amended) (“The defendant has a previous

history of criminal convictions or criminal behavior, in addition to those necessary to

establish the appropriate range[.]”). The court applied enhancement factor (8) based upon

the Defendant’s previous probation violations and revocations. See id. § 40-35-114(8) (“The

defendant, before trial or sentencing, failed to comply with the conditions of a sentence

involving release into the community[.]”). Likewise the court applied enhancement factor

(13) because the Defendant was on federal probation at the time he committed the present

offenses. See id. § 40-35-114(13) (“At the time the felony was committed . . . the defendant .

. . [was] released on probation[.]”).

The trial court imposed twelve-year sentences for each aggravated burglary

conviction and eleven months, twenty-nine days for each misdemeanor conviction. Relative

to consecutive service, the court determined that the Defendant had devoted a “major portion

of his life to criminal acts as a source of livelihood.” See id. § 40-35-115(b)(1) (“The

defendant is a professional criminal who has knowingly devoted the defendant’s life to

criminal acts as a major source of livelihood[.]”). The court, likewise, found that the

Defendant had an extensive history of criminal activity. See id. § 40-35-115(b)(2) (“The

defendant is an offender whose record of criminal activity is extensive[.]”). The court found

that the Defendant was on probation at the time he committed the present offenses. See id. §

40-35-115(b)(6) (“The defendant is sentenced for an offense committed while on

probation[.]”). As a result, the court ordered the twelve-year sentences to be served

consecutively to each other and to the sentence for which he received federal probation.

This court reviews challenges to the length of a sentence within the appropriate

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sentence range “under an abuse of discretion standard with a ‘presumption of

reasonableness.’” State v. Bise, 380 S.W.3d 682, 708 (Tenn. 2012). A trial court must

consider any evidence received at the trial and sentencing hearing, the presentence report, the

principles of sentencing, counsel’s arguments as to sentencing alternatives, the nature and

characteristics of the criminal conduct, any mitigating or statutory enhancement factors,

statistical information provided by the Administrative Office of the Courts as to sentencing

practices for similar offenses in Tennessee, any statement that the defendant made on his

own behalf, and the potential for rehabilitation or treatment. State v. Ashby, 823 S.W.2d 166,

168 (Tenn. 1991) (citing T.C.A. §§ 40-35-103, -210; State v. Moss, 727 S.W.2d 229, 236

(Tenn. 1986); State v. Taylor, 744 S.W.2d 919 (Tenn. Crim. App. 1987)); see T.C.A. § 40-

35-102 (2014).

The abuse of discretion with a presumption of reasonableness standard also applies to

the imposition of consecutive sentences. State v. Pollard, 432 S.W.3d 851, 859 (Tenn.

2013). A trial court has broad discretion in determining whether to impose consecutive

service. Id. A trial court may impose consecutive sentencing if it finds by a preponderance

of the evidence that one criterion is satisfied in Tennessee Code Annotated section 40-35-

115(b)(1)-(7) (2014). In determining whether to impose consecutive sentences, though, a

trial court must ensure the sentence is “no greater than that deserved for the offense

committed” and is “the least severe measure necessary to achieve the purposes for which the

sentence is imposed.” T.C.A. § 40-35-103(2), (4) (2014); see State v. Desirey, 909 S.W.2d

20, 33 (Tenn. Crim. App. 1995).

For his Class C felony convictions, the Defendant faced sentences of ten to fifteen

years as a Range III offender for each offense. See T.C.A. 40-35-112(c)(3) (2014). The trial

court imposed mid-range sentences of twelve years for each conviction, and the court relied

upon three statutory factors in ordering consecutive service. The record supports the court’s

finding that the Defendant’s criminal history was extensive, that he was on probation at the

time of the present offenses, and that he was a professional criminal who devoted his life to

crime as a major source of livelihood. See id. § 40-35-115(b)(1), (2), (6). The presentence

report and the certified copies of the judgments of conviction reflect that the Defendant had

an extensive history of criminal activity, which began when he was a juvenile, and that he

only reported one previous employer, although he was age thirty-three at the time of the

presentence investigation. The presentence report and the judgments of convictions reflect

that the Defendant was serving a sentence on supervised release for multiple federal drug-

related convictions at the time of the present offenses. The record supports the trial court’s

decision to impose consecutive service of the twelve-year sentences. The Defendant is not

entitled to relief on this basis.

In consideration of the foregoing and the record as a whole, we affirm the judgments

of the trial court.

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_____________________________________

ROBERT H. MONTGOMERY, JR., JUDGE

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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