State of Tennessee v. Darlene Renee Blackhurst

On January 10, 2000, defendant, Darlene Renee Blackhurst, pled guilty to a second offense of driving under the influence of an intoxicant ("DUI"), leaving the scene of an accident involving injury, and three counts of reckless aggravated assault. Following a sentencing hearing, the trial court imposed an effective sentence of three years, eleven months and twenty-nine days and ordered the sentence to be served on intensive supervised probation following a mandatory forty-five days in confinement for the DUI second offense. The State appealed the trial court's grant of full probation. After a de novo review, this Court reversed the trial court's judgment regarding the manner of service of defendant's sentence and remanded the matter to the trial court for the limited purpose of determining whether defendant should be incarcerated for the full term of her sentence, or, in the alternative, whether she should serve the balance of her sentence in split confinement. We directed the trial court to base its sentencing determination as to the manner of service of defendant's sentence on the current record without a further evidentiary hearing. State v. Blackhurst, 70 S.W.3d 88 (Tenn. Crim. App. 2001). On remand, the trial court found that defendant was not entitled to alternative sentencing and ordered defendant to serve her sentence in confinement. Defendant now appeals her sentence arguing that (1) the trial court erred in denying defendant's request for alternative sentencing; (2) the trial court erred in not considering additional evidence concerning defendant's post-sentencing behavior; (3) that the trial court erred in not allowing defendant credit for the time served on probation prior to resentencing; and (4) that the trial court improperly weighed the applicable mitigating and enhancement factors in determining the manner of service of defendant's sentence. After a thorough review of the record in this matter, we affirm the judgment of the trial court.