Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Reynolds

Court of Criminal Appeals of Tennessee, Knoxville

September 6, 2017

STATE OF TENNESSEE
v.
KIMBERLY REYNOLDS

          Assigned on Briefs June 27, 2017

         Appeal from the Criminal Court for Sullivan County No. S65100 R. Jerry Beck, Judge

         Following the Defendant's, Kimberly Reynolds, guilty-pleaded convictions for one count of theft of property valued at $1, 000 or more and six counts of obtaining a controlled substance by fraud, the trial court imposed a sentence of three years' incarceration for the theft charge and three years on community corrections for the fraud convictions to be served consecutively. Regarding her sentence of confinement, the Defendant appeals, arguing that she is a suitable candidate for alternative sentencing pursuant to the statutory considerations outlined in Tennessee Code Annotated section 40-35-103. Following our review, we affirm the trial court's alternative sentencing decision.

         Tenn. R. App. P. 3 Appeal as of Right; Judgments of the Criminal Court Affirmed

          Stephen M. Wallace, District Public Defender; and Terry L. Jordan, Assistant District Public Defender, for the Appellant, Kimberly Reynolds.

          Herbert H. Slatery III, Attorney General and Reporter; Robert W. Wilson, Assistant Attorney General; Barry P. Staubus, District Attorney General; and Gene Perrin, Assistant District Attorney General, for the appellee, State of Tennessee.

          D. Kelly Thomas, Jr., J., delivered the opinion of the court, in which Camille R. McMullen, and Robert L. Holloway, Jr., JJ., joined.

          OPINION

          D. KELLY THOMAS, JR., JUDGE

         FACTUAL BACKGROUND

         The Defendant in this case was employed as a nurse at Bristol Regional Medical Center, and this case arises from her improperly withdrawing drugs from medication dispensers. On July 10, 2015, the Defendant was charged by information with one count of theft of property valued at $1, 000 or more and six counts of obtaining a controlled substance by fraud. See Tenn. Code Ann. §§ 39-11-402; -14-103. The Defendant waived her right to indictment or presentment and entered a guilty plea on all seven counts. By agreement, the Defendant received a three-year sentence for her theft conviction and a three-year sentence for each of her convictions for obtaining a controlled substance by fraud. The convictions for obtaining a controlled substance by fraud were to run concurrently with each other but consecutively to the conviction for theft for a total effective six-year sentence. The trial court would determine the Defendant's manner of service.

         Following the guilty plea in this case but prior to the sentencing hearing, the Defendant pled guilty in another case to one count of forgery, one count of leaving the scene of an accident, and one count of failing to use due care.[1] The Defendant received an effective sentence of two years for these convictions, which was to run consecutively with her convictions for theft and obtaining a controlled substance by fraud. Thus, the Defendant had a total effective sentence of eight years.

         The sentencing hearing to determine the Defendant's manner of service proceeded as follows. At the beginning of the hearing, the trial court acknowledged the presentence report and noted several important factors. The Defendant was employed at Bristol Regional Medical Center as a nurse. The hospital's human resources manager in a victim impact statement, said that the Defendant did "not appear to be a truthful person" and that "even after the Defendant's resignation, the Defendant continued to attempt to defraud her former co-workers into giving her money for alleged cancer and detailed stories of her husband leaving her because she was dying." The "agency statement" of the pre-sentence report indicated that the Defendant had "a drug problem" and was ordered to pay restitution to the hospital in the amount of $1, 094.73. The Defendant also had a record of criminal charges including: a "$50 fine out of the Bristol, Virginia General District Court"; "speeding"; and "allowing [a] dog to run at large." Regarding the Defendant's mental and physical health, the report indicated that it was "poor to fair" "due to a multitude of health problems." The report also stated that the Defendant suffered from "depression and obsessive compuls[ive] disorder." According to the report, the Defendant had an alcohol problem and "opiate abuse" problems. At the time of the presentence report, the Defendant was in "drug treatment and counseling."

         Prior to the beginning of testimony, the prosecutor referred to the Defendant's plea agreement. As stipulated in the agreement, the Defendant pled guilty to six counts of obtaining a controlled substance by fraud, but she also stipulated that "483 times she diverted medication, controlled substances, from the dispensing system at Bristol Regional Medical Center."

         The Defendant testified that she lived in Abingdon, Virginia, with her husband and grown children. The Defendant agreed that she illegally took Dilaudid from the Bristol Regional Medical Hospital, but she said that she never "deprived any patients of any medication." The Defendant explained that she took what was left after patients received their proper dosage. She said that she took drugs that would otherwise "be wasted." The Defendant said that her addiction to Dilaudid began "after it was prescribed to" her. She said that her nursing license was suspended and that she had not been able "to gain employment." The Defendant also admitted to having a problem with alcohol abuse and said that she attempted suicide. Following her suicide attempt, she was hospitalized at the "New River Valley Medical Center in Virginia." She agreed that she stayed in the hospital from December 23, 2015, to December 28, 2015, and was treated for "a history of depression, anxiety, major depressive disorder, [and] unresolved grief." The

         Defendant testified that she was taking several prescribed medications, but none of those were narcotics. The Defendant admitted that she was "an addict" but claimed that she "could pass a drug test." The Defendant stated that she was still seeing a psychiatrist and that she would continue to "go to meetings" regarding her drug and alcohol abuse.

         On cross-examination, the Defendant agreed that she lied to her probation officer on multiple occasions. The Defendant confirmed that she repeatedly lied to the probation officer by telling the probation officer that her father had died and she was unable to report to the officer. The Defendant also confirmed that she told former co-workers that she had cancer. The Defendant agreed that while she was working in the emergency room "dealing with people who were coming in with medical emergencies, " she was "under the influence of Dilaudid[.]" She confirmed that she injected herself with drugs "multiple times during the shifts while [she] was treating patients." The Defendant confirmed that on numerous occasions, she "went into the automatic medical dispensing system and fraudulently and falsely entered a patient, a doctor, and a dosage" in order to obtain drugs.

         Following the arguments of counsel, the trial court imposed a sentence of three years for her theft conviction and a community corrections sentence for her convictions for fraudulently ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.