May
24, 2017 Session Heard at Tennessee Technological University
[1]
Appeal
by Permission from the Court of Criminal Appeals Criminal
Court for Claiborne County No. 2014-CR-1918 John McAfee,
Judge by Interchange.
Kevin
E. Trent pled guilty to one count of vehicular homicide by
intoxication. He was sentenced by agreement as a Range I
standard offender to eight years with the manner of service
to be determined by the trial court after a hearing. The
trial court subsequently ordered the Defendant to serve his
sentence in confinement. On direct appeal, the Court of
Criminal Appeals reversed the trial court's ruling and,
additionally, affirmatively ordered the Defendant to be
placed on full probation. We granted the State's
application for permission to appeal to review the Court of
Criminal Appeals' decision to reverse the trial
court's order that the Defendant serve his sentence in
confinement and to affirmatively order that the Defendant be
placed on full probation. We agree with the Court of Criminal
Appeals that the trial court failed to make sufficient
findings for the appellate courts to review the sentence with
a presumption of reasonableness. Moreover, our review of the
record reveals it is inadequate to conduct an independent
review of the sentence imposed by the trial court. As a
result, we also hold that the record is not sufficient to
support the Court of Criminal Appeals' modification of
the Defendant's sentence to order full probation.
Accordingly, we reverse the judgment of the Court of Criminal
Appeals, vacate the sentencing determination of the trial
court, and remand this matter to the trial court for a new
sentencing hearing.
Tenn.
R. App. P. 11 Appeal by Permission; Judgment of the Court of
Criminal Appeals Reversed; Remanded to the Trial Court
Herbert H. Slatery III, Attorney General and Reporter;
Andrée S. Blumstein, Solicitor General; Nicholas W.
Spangler, Assistant Attorney General; Lori Phillips-Jones,
District Attorney General; and Graham Wilson, Assistant
District Attorney General, for the appellant, the State of
Tennessee.
Lief
Jeffers, District Public Defender; Robert Scott (on appeal
and at hearing) and La Tasha Wassom (at hearing), Assistant
District Public Defenders, Jacksboro, Tennessee, for the
appellee, Kevin E. Trent.
Jeffrey S. Bivins, C.J., delivered the opinion of the Court,
in which Cornelia A. Clark, Sharon G. Lee, Holly Kirby, and
Roger A. Page, JJ., joined.
OPINION
JEFFREY S. BIVINS, CHIEF JUSTICE
Factual
and Procedural Background
While
driving his three-quarter-ton pick-up truck on May 3, 2012,
Kevin E. Trent ("the Defendant"), struck a vehicle
being driven by the victim, Karen Freeman. Ms. Freeman
eventually died from the injuries she sustained in the
collision. In January 2015, the Defendant pled guilty to one
count of vehicular homicide resulting from the fact that he
was intoxicated at the time of the collision, a Class B
felony. Tenn. Code Ann. § 39-13-213(a)(2), (b)(2)
(2010). At the plea hearing, the State and the Defendant
stipulated "that Kevin E. Trent, on or about May 3rd,
2012, in Claiborne County, Tennessee, did unlawfully,
feloniously and recklessly, as the proximate result of Kevin
E. Trent's intoxication, as set forth in 55-10-401, kill
Karen Freeman by the operation of a motor vehicle, in
violation of 39-13-213." Pursuant to the plea agreement,
the Defendant was sentenced as a standard offender to a Range
I sentence of eight years with the manner of service to be
determined by the trial court after a hearing. At the
sentencing hearing, the trial court heard the following
evidence.
Judy
McGeorge, the victim's mother, testified about the
devastating effects of her daughter's death. She
explained that, after the May 3, 2012 collision, her daughter
remained in the hospital until July 17, 2012, at which time
she was transferred to a nursing home. The victim died in the
nursing home over a year later, in October 2013. After the
collision, the victim was unable to walk or speak. The victim
had four children at the time of her death.
Peggy
Holt testified that she was the manager at the Springdale Pic
N Pay where the Defendant was a regular customer. She
recalled that, on the day of the accident, the Defendant
"almost hit the canopy pole that is right in front of
the store" while he was driving. This occurred sometime
between 11:00 a.m. and noon. The parties stipulated that the
accident involving Ms. Freeman occurred at approximately 3:00
that afternoon.
Ms.
Holt also testified that, on previous occasions when she
spoke with the Defendant after he had driven to the store,
"he was not very attentive, just kind of stared, slow
speech, slurred kind of when [she] spoke with him."
Rick
Leonard testified that he was a good friend of the Defendant
and had been for six or seven years. Mr. Leonard stated that
the Defendant had expressed remorse for having killed the
victim. He also stated that he saw the Defendant about three
times a week and that he never noticed the Defendant having
slurred or slow speech. Mr. Leonard acknowledged that he
would not ride in a vehicle that the Defendant was driving
because he considered it dangerous due to the Defendant's
physical limitations.[2]
Tim
Trent, the Defendant's father, described the Defendant as
"a real good kid, he's always been a hard
worker." He had never known the Defendant to engage in
illegal behavior or alcohol or drug abuse. He was very
comfortable riding with the Defendant while the Defendant was
driving. He reiterated that the Defendant was remorseful
about the accident. He explained that the Defendant's
reportedly slurred speech could have been caused by the
Defendant having "a dip in, " stating that, when
the Defendant had "a dip in, " he "can't
hardly understand" the Defendant. Mr. Trent explained
that, due to his disabilities, the Defendant needed
assistance with his personal hygiene. He also stated that he
could accommodate the Defendant if the Defendant were ordered
to serve his sentence on house arrest.
On
cross-examination, Mr. Trent acknowledged that the accident
was caused by the Defendant crossing three lanes of traffic
and hitting the victim's vehicle head-on.
In
response to questions from the court, Mr. Trent described the
modifications that the Defendant had made to his guns in
order to keep hunting.
The
Defendant testified that he graduated from high school in
2003. Thereafter, he worked a forty-hour a week job and also
mowed 42 yards a week. He stated that he drank alcohol only
rarely and that he tried marijuana once, which made him
violently ill. He never took drugs that he was not
prescribed.
In
2005, he had an accident while riding his motorcycle that
resulted in the loss of both of his arms below the elbow and
his left leg. In spite of these physical limitations, he was
able to drive without modifications to his truck. Although he
had prosthetic devices, he did not use them while driving. He
advised the department of motor vehicles about his physical
limitations and was able to renew his driver's license
without restrictions. Other than his motorcycle accident and
the accident that was the subject of his guilty plea, he had
had no other accidents.
The
Defendant stated that, prior to the accident that was the
subject of his plea, he had never been arrested.
After
his motorcycle accident, the Defendant was prescribed
Oxycodone and Xanax. The Oxycodone was dosed at 30 milligrams
and the Xanax was dosed at one milligram. He took these
medications as prescribed: the Oxycodone four times a day and
the Xanax twice a day. He did not think that his medications
impaired his driving.
Asked
about the accident that ended the victim's life, the
Defendant stated that he had no memory of it or of the three
weeks preceding it. Asked about how he felt about the harm
that he had caused, the Defendant testified, "I'm-I
don't know how to explain it. I feel so bad, I have
nightmares about every night. I-I just feel terrible. I just
wish I could take it back. I wish it had been me instead of
her. I'd give anything."
On
cross-examination, the Defendant stated that his doctor had
told him that it was okay to drive while taking his
medications as prescribed. He could not remember his
doctor's name. He denied that his bottle of Oxycodone
cautioned him not to drive while taking the medication. The
Defendant acknowledged that, on occasion, when his pain was
particularly bad, he would take an extra pill after getting
home so that he could sleep. He denied taking more medication
than prescribed while he was driving. He admitted to having
driven "like three times" since the 2012 accident.
He also admitted that, since the 2012 accident, he had been
prescribed and was taking Oxymorphone, Oxycodone, Zantac, and
Zanaflex. He explained that the Oxymorphone was an
"extended release" pain reliever and, thus, he was
now taking two pain relievers. He stated that the last time
he drove was approximately during the spring of 2013 because
he did not have a vehicle. He maintained, however, that it
was safe for him to drive even while taking his current
medications.
On
redirect examination, the Defendant acknowledged that he had
lost his driver's license after pleading guilty in 2015
and that he could not drive anyone's vehicle for that
reason.
The
trial court addressed the Defendant and stated, "I'm
assuming they drew your blood at the accident. And then
that's where they saw these prescription medications were
above therapeutic levels. Do you understand that?" The
Defendant responded, "Yes." During argument, the
Defendant's lawyer stated that the Defendant's
"level was point two-it was over the therapeutic range
in Oxycodone. He was in therapeutic range on the Xanax."
Neither the State nor the Defendant proffered expert
testimony or laboratory results at the sentencing
hearing.[3]
The
court also asked the Defendant whether there were any
warnings on the labels of his Oxycodone and Xanax bottles.
The Defendant replied, "It said it may cause
drowsiness." The court then asked, "Does it tell
you not to drive?" The Defendant responded, "No. I
talked to my doctor about it."
The
presentence report, which was admitted into evidence without
objection, indicates that, in his general sessions arrest
affidavit completed after the accident, Tennessee Highway
Patrol Trooper Bobby Brooks described the accident as
occurring after the Defendant "crossed the center line
on U.S. Hwy 25E, striking the vehicle being driven by Karen
Freeman . . . ." The presentence report also indicates
that the Defendant explained to the investigator who was
preparing the report that the Zanaflex medication he was
currently taking was a muscle relaxant.
After considering the proof before it, the trial court ruled
as follows:
All right. Well, let me just go through and summarize just a
little bit.
Of course, Ms. Freeman passed away, and her mother testified
here today, a very sweet lady, and got a-got a pretty good
picture and image of Ms. Freeman, and I looked at the
pictures and the photographs. She's a very beautiful
lady, four children, just appeared to be full of life.
We do know that at the time of the accident, she was severely
injured, was at UT approximately six weeks, she was in the
nursing home for a year and a half thereafter and passed away
on October 9, 2013, severe brain injuries, she couldn't
talk, she couldn't walk, she couldn't feed herself,
she couldn't breathe on her own, obviously very severe
injuries and-and undoubtedly suffered at the last part-last
few days of her life- the last few months or weeks.
Peggy Holt testified. She said that she-and I think that if I
remember this correctly, six, seven times that she knew of
the defendant on those occasions, he appeared to have slurred
speech because she'd have to go out to the vehicle and to
get money because of his handicap. On the day of the accident
a little-at lunch or a little after lunch, she said she
witnessed him there at the gas station and he nearly struck
the canopy pole that was there. The accident occurred, we
know, and it was agreed to when I asked the trooper a moment
ago about 3:05 that afternoon.
Mr. Leonard testified which is a friend of the defendant here
in this case. They had been friends about six or seven years,
and-but the one note that I would say, he said he was a
really good person, a kind person, and again, I'm
summarizing and-but he did say-and I made a note to the fact
that he wouldn't ride with him because it appeared to be
a dangerous situation, and he was very candid about his
handicap as the reason why he didn't do that.
Mr. Trent, the defendant's father, testified. Seemed to
be a very genuine man and should-should be given credit, he
stuck with his son for all these years after the motorcycle
accident where he lost his limbs, made modifications to his
limbs [sic] so he could hunt. Apparently, hunting is an
important part of their life, and made modifications. And I
think the district attorney has noted that there were never
any modifications made to the vehicle as far as his ability
to drive, but they appear to be very extensive modifications
to hunt, even to dove hunt. I understand with other types of
hunting but with dove hunting, you have to be moving with a
shotgun and so, they made accommodations. It appeared even
from the-even from his dad's testimony that his son was a
very independent person, he said, and continued to mow, not
as much, I think, prior-and after the motorcycle accident,
and we do know that he was driving and owned a three-quarter
ton Chevy pickup truck, four doors. ...