State of Tennessee v. Telly Romeras Robertson

Appellant, Telly Romeras Robertson, was indicted by the Davidson County Grand Jury in October of 2008 for one count of possession of .5 grams or more of cocaine with the intent to sell or deliver, one count of possession of more than ten pounds of marijuana with intent to sell or deliver, and one count of possession of a firearm with the intent to go armed during the commission of or attempt to commit a dangerous felony. In January of 2009, Appellant was indicted by the Davidson County Grand Jury for one count of possession of ecstacy with the intent to sell or deliver, one count of possession of drug paraphernalia with the intent to prepare a controlled substance, one count of possession of a firearm with the intent to go armed during the commission of or attempt to commit a dangerous felony, and casual exchange of marijuana. Appellant pled guilty to one count of possession with intent to sell ecstacy and possession with intent to deliver between .5 ounce and ten pounds of marijuana in exchange for sentences of ten years and two years, respectively. The sentences were to run consecutively to each other and to an eight-year sentence Appellant was already serving for conspiracy to commit money laundering, for a total effective sentence of twenty years. At a sentencing hearing, the trial court denied an alternative sentence. Appellant appeals. After a review of the record and authorities, we conclude that the trial court did not abuse its discretion in denying an alternative sentence where: (1) Appellant was sentenced to a Class B felony, rendering him ineligible for probation; (2) probation was denied in order to avoid depreciating the seriousness of the offense; and (3) Appellant was incarcerated at the time of sentencing, rendering him ineligible for a sentence of Community Corrections. The judgments of the trial court are affirmed.