State of Tennessee v. Derek Denton

The defendant, Derek C. Denton, appeals as of right from his convictions by a jury in the Shelby County Criminal Court for aggravated burglary and aggravated assault, Class C felonies, and criminally negligent homicide, a Class E felony. As a Range I, standard offender, he received six-year sentences and was fined $10,000 for each of the aggravated burglary and aggravated assault convictions and a two-year sentence and $2,500 fine for the criminally negligent homicide conviction. The defendant was ordered to serve each sentence consecutively, for an effective sentence of fourteen years, in the local workhouse. The defendant presents the following issues for our review: (1) whether the evidence was sufficient to support the defendant's convictions; (2) whether the trial court properly charged the jury on circumstantial evidence; (3) whether the trial court properly charged the jury on the prosecution's burden of proof; and (4) whether the defendant's sentence was excessive.  We conclude that the trial court erred in ordering the defendant to serve his sentences consecutively. The trial court did not make sufficient findings, and the record does not support consecutive sentences. There is no indication from the circumstances surrounding the offenses that consecutive sentencing is necessary to protect society from the defendant or that upon release he will be unwilling to lead a productive life and resort to criminal activity. See id; Gray v. State, 538 S.W.2d 391, 393 (Tenn. 1976). In consideration of the foregoing, the defendant's convictions and sentences for aggravated burglary and criminally negligent homicide are affirmed. His conviction for aggravated assault is modified to assault, and a sentence of eleven months and twenty-nine days with a seventy-five percent release eligibility date imposed. All three sentences, though, shall be served concurrently to each other.