Sentencing Review Principles In Tennessee
"When reviewing sentencing issues . . . including the granting or denial of probation and the length of sentence, the appellate court shall conduct a de novo review on the record of such issues.
Such review shall be conducted with a presumption that the determinations made by the court from which the appeal is taken are correct." Tenn. Code Ann. 40-35-401(d) (1997).
"However, the presumption of correctness which accompanies the trial court's action is conditioned upon the affirmative showing in the record that the trial court considered the sentencing principles and all relevant facts and circumstances." State v. Ashby, 823 S.W.2d 166, 169 (Tenn. 1991).
In conducting our review, we must consider all the evidence, the presentence report, the sentencing principles, the enhancing and mitigating factors, arguments of counsel, the defendant's statements, the nature and character of the offense, and the defendant's potential for rehabilitation. Tenn. Code Ann. 40-35-103(5), -210(b) (1997 & Supp. 1999); Ashby, 823 S.W.2d at 169.
"The defendant has the burden of demonstrating that the sentence is improper." Id.
Because the record in this case indicates that the trial court considered the sentencing principles and all relevant facts and circumstances, our review is de novo with a presumption of correctness.
The sentence for a Range III offender convicted of a Class D felony is between eight and twelve years. Tenn. Code Ann. 40-35-112(c)(4) (1997).
If the court finds that enhancement and mitigating factors are applicable, the court must begin with the minimum and enhance the sentence to appropriately reflect the weight of any statutory enhancement factors and then the court must reduce the sentence to appropriately reflect the weight of any mitigating factors. Tenn. Code Ann. 40-35-210(e) (Supp. 1999).
In addition, the sentencing range for a Class a misdemeanor is any period up to eleven months and twenty-nine days and the sentencing range for a Class B misdemeanor is any period up to six months. Tenn. Code Ann. 40-35-111(e)(1)-(2) (1997).