State of Tennessee v. Julie Ann Taylor Buchanan

The defendant, Julie Ann Taylor Buchanan, entered an open plea to one count of theft of property over $60,000 (Class B felony), one count of theft of property between $1000 and $10,000 (Class D felony), one count of forgery over $60,000 (Class B felony), two counts of forgery between $1000 and $10,000 (Class B felony), and four counts of money laundering (Class B felony), with all the crimes occurring between December 2000 and April 2003. Following a sentencing hearing, she was sentenced to eleven years on each Class B felony and four years on each Class D felony. The sentences were ordered to be served concurrently to each other except for the four-year sentence for the Class D felony theft, which was to be served consecutive to the other eight sentences, for a total effective sentence of fifteen years in the Tennessee Department of Correction. On appeal, the defendant argues that the trial court erred in three areas: (1) enhancing her sentence based on facts neither admitted nor proven to a jury; (2) imposing consecutive sentences; and (3) application of mitigating factors. After careful review, the case is remanded for re-sentencing based upon the erroneous application of application factors in violation of Blakely.