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State v. Parks

Court of Criminal Appeals of Tennessee, Jackson

July 29, 2019

STATE OF TENNESSEE
v.
BOBBY LEWIS PARKS

          Assigned on Briefs June 25, 2019

          Appeal from the Circuit Court for Madison County No. 17-491, 17-192, 17-193 Donald H. Allen, Judge.

         The defendant, Bobby Lewis Parks, entered an open plea to two counts of sale of 0.5 grams or more of cocaine, two counts of delivery of 0.5 grams or more of cocaine, one count of sale of less than 0.5 grams of cocaine, and one count of delivery of less than 0.5 grams of cocaine. The trial court sentenced the defendant to an effective sentence of thirty years' incarceration in the Tennessee Department of Correction. On appeal, the defendant argues the sentence imposed by the trial court was excessive. After reviewing the record and considering the applicable law, we affirm the judgments of the trial court.

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

          Joseph T. Howell, Jackson, Tennessee, for the appellant, Bobby Lewis Parks.

          Herbert H. Slatery III, Attorney General and Reporter; Katharine K. Decker, Assistant Attorney General; Jody Pickens, District Attorney General; and Shaun A. Brown, Assistant District Attorney General, for the appellee, State of Tennessee.

          J. Ross Dyer, J., delivered the opinion of the court, in which Norma McGee Ogle and Robert H. Montgomery, Jr., JJ., joined.

          OPINION

          J. ROSS DYER, JUDGE

         Facts and Procedural History

         The defendant was charged with two counts of sale of 0.5 grams or more of cocaine, two counts of delivery of 0.5 grams or more of cocaine, one count of sale of less than 0.5 grams of cocaine, and one count of delivery of less than 0.5 grams of cocaine. The defendant subsequently agreed to an open plea with sentencing to be determined by the trial court. As part of the plea, the State and the defendant agreed the defendant's sentences would be served concurrently. A sentencing hearing was held on September 13, 2018.

         During the sentencing hearing, the State introduced into evidence the presentence report. The defendant also made a statement, apologizing to his family for "lying to them about this whole situation." He stated he began selling drugs again in 2015 after learning he had "five years to live." The defendant needed money for medical bills and "to have money for [his] son."

         In sentencing the defendant, the trial court stated it considered the evidence presented during the guilty plea hearing and the sentencing hearing including, the presentence report, the defendant's statement, and the arguments of counsel. In reviewing the appropriate and applicable enhancement factors, the trial court found enhancement factors (1), the defendant has a previous history of criminal convictions or criminal behavior, in addition to those necessary to establish the appropriate range; (8), the defendant, before trial or sentencing, failed to comply with the conditions of a sentence involving release into the community; (13), at the time the felonies were committed, the defendant was released on parole; and (16), the defendant was adjudicated to have committed a delinquent act or acts as a juvenile that would constitute a felony if committed by an adult. Tenn. Code Ann. § 40-35-114(1), (8), (13), (16). The trial court also applied mitigating factor (1), the defendant's criminal conduct neither caused nor threatened serious bodily injury. Id. § 40-35-113(1). The trial court gave this factor "some slight weight." The trial court also considered the defendant's willingness to plead guilty and accept responsibility for his actions. In finding the defendant a career offender, the trial court noted he had eight prior felony convictions. At the conclusion of the sentencing hearing, the defendant was sentenced as a Range III, career offender as follows:

Case

Offense

Sentence

17-491

Count 1: Sale of 0.5 grams or more of cocaine

Count 2: Delivery of 0.5 grams or more of cocaine

30 years

30 years

17-492

Count 1: Sale of 0.5 grams or more of cocaine

Count 2: Delivery of 0.5 grams or more of cocaine

30 years

30 years

17-493

Count 1: Sale of less than 0.5 grams of cocaine

Count 2: Delivery of less than 0.5 grams of cocaine

30 years

30 years

         In each case, the trial court merged Count 2 into Count 1 and ordered the sentences to run concurrently, for an effective sentence ...


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