State of Tennessee v. William Donald Smith

The defendant, William Donald Smith, pleaded guilty to three counts charging aggravated sexual battery, a Class B felony, and five counts charging child rape, a Class A felony. The plea agreement provided for the trial court to determine the sentences, except that the agreement provided that the aggregate sentence would not exceed 50 years and no more than one child rape sentence would be ordered served consecutively with any other sentence. The trial court sentenced the defendant to the following Department of Correction terms: for aggravated sexual battery, concurrent sentences of eight, 10, and 12 years, respectively; and for child rape, two sentences of 20 years each and three sentences of 25 years each. The trial court ran the two 20-year sentences concurrently to each other and to the aggregate 12-year sentence for aggravated sexual battery. It imposed the three 25-year sentences to run concurrently with each other but consecutively to the other five sentences, for a net aggregate sentence of 45 years. On appeal, the defendant challenges the trial court's sentencing determinations. After review, we affirm the judgments as modified.