State of Tennessee v. James Demoss

James Demoss, Defendant, pleaded guilty to one count of voluntary manslaughter and two counts of aggravated assault. Pursuant to the plea agreement, the manner of service of the effective fifteen-year sentence was to be determined by the trial court. Following a sentencing hearing, the trial court ordered Defendant’s sentence to be served in the Tennessee Department of Correction. On appeal, Defendant claims that the trial court abused its discretion by sentencing him to serve his sentence in incarceration rather than granting an alternative sentence. Because the trial court failed to articulate adequate reasons for denying an eligible defendant an alternative sentence, the abuse of discretion standard with a presumption of reasonableness does not apply on appeal, and this court can either (1) conduct a de novo review to determine whether there is an adequate basis for denying an alternative sentence; or (2) remand for the trial court to consider the requisite factors in determining whether to grant an alternative sentence. We determine that the record on appeal is sufficient for this court to undertake a de novo review, and after a de novo review of the record and applicable law, we affirm the denial of an alternative sentence.