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State v. Glover

Court of Criminal Appeals of Tennessee, Nashville

August 15, 2019

STATE OF TENNESSEE
v.
KRYSTEN RENAE GLOVER

          Assigned on Briefs June 19, 2019

          Appeal from the Circuit Court for Wayne County No. 16115, 16116 Stella L. Hargrove, Judge

         The Defendant, Krysten Renae Glover, entered an open guilty plea to one count of the sale of 0.5 grams or more of methamphetamine and one count of the sale of methamphetamine in an amount less than 0.5 grams. The trial court held a sentencing hearing and imposed an effective nine-year sentence to be served in confinement. The Defendant appeals, arguing that the trial court erred by denying her probation. We conclude that the trial court did not abuse its discretion in sentencing, and we affirm the judgments.

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

          Amy Long Schisler, Lawrenceburg, Tennessee, for the Appellant, Krysten Renae Glover.

          Herbert H. Slatery III, Attorney General and Reporter; Courtney N. Orr, Assistant Attorney General; Brent A. Cooper, District Attorney General; and Beverly J. White, Assistant District Attorney General, for the Appellee, State of Tennessee.

          John Everett Williams, P.J., delivered the opinion of the court, in which D. Kelly Thomas, Jr., and Robert L. Holloway, Jr., JJ., joined.

          OPINION

          JOHN EVERETT WILLIAMS, PRESIDING JUDGE

         FACTS AND PROCEDURAL BACKGROUND

         The Defendant was charged in two separate indictments with two counts of the sale of less than 0.5 grams of methamphetamine and two counts of the sale of 0.5 grams or more of methamphetamine as a result of four separate drug transactions occurring on April 28, 2016, May 9, 2016, May 16, 2016, and May 23, 2016. The Defendant entered an open guilty plea to one count of the sale of less than 0.5 grams of methamphetamine and one count of the sale of 0.5 grams or more of methamphetamine.[1] Pursuant to the plea agreement, the remaining charges were dismissed.

         Mr. Eugene Finn with the State Probation and Parole Department prepared the Defendant's presentence report and testified to its contents during the sentencing hearing. Mr. Finn testified that the Defendant informed him during an interview that her husband forced her to sell methamphetamine by bullying her and making aggressive threats towards her and her children. The Defendant's criminal history consisted of driving offenses, and she had no prior felony convictions. Mr. Finn said the Defendant was in good physical health but she suffered from diverticulitis. The Defendant reported that she had been taking antidepressants since being incarcerated.

         Mr. Finn testified in depth about the Defendant's personal history. The Defendant was diagnosed as a teenager with severe depression and anxiety and also suffered from postpartum depression. The Defendant graduated from high school. The Defendant has held three jobs since she graduated from high school. She worked in 2012 for five months at a lumber company, and she stayed at home with her children from 2012 to 2017. Mr. Finn discussed the Defendant's risk and needs assessment that indicated that she had a high likelihood of reoffending.

         Mr. Finn stated that the Defendant did not have any problems with alcohol but that she admitted that she used marijuana two times a week from 2006 until 2018. Mr. Finn testified that the Defendant admitted during her interview that she sold methamphetamine to pay for marijuana. This information was not included in the presentence report. The Defendant has been attending Narcotics Anonymous meetings while in jail. She maintained that she would not live with her husband if she were granted probation. The Defendant's children had been living with her step-sister after being removed from her custody by the Department of Children's Services ("DCS"). Mr. Finn verified the Defendant's claim that she had a job offer waiting if she received probation.

         Lieutenant Jeremy Staggs with the Waynesboro Police Department's drug task force testified about the controlled buys that led to the Defendant's convictions. The Defendant's husband was the target of the controlled buys, and on two occasions, the Defendant sold the drugs at the controlled buy instead of her husband. The Defendant's husband ...


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