Court of Criminal Appeals of Tennessee, Nashville
Assigned on Briefs June 19, 2019
from the Circuit Court for Wayne County No. 16115, 16116
Stella L. Hargrove, Judge
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.
R. App. P. 3 Appeal as of Right; Judgments of the Circuit
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
Everett Williams, P.J., delivered the opinion of the court,
in which D. Kelly Thomas, Jr., and Robert L. Holloway, Jr.,
EVERETT WILLIAMS, PRESIDING JUDGE
AND PROCEDURAL BACKGROUND
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. Pursuant to the plea agreement, the
remaining charges were dismissed.
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.
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.
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
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 ...