State v. Robert Vaughn

• Court: Court of Criminal Appeals of Tennessee
• Decided: June 26, 1997
• Docket: 01C01-9605-CR-00219
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT NASHVILLE FILED April, 1997 SESSION June 26, 1997

Cecil W. Crowson Appellate Court Clerk STATE OF TENNESSEE, ) ) Appellee, ) No. 01C01-9605-CR-00219 ) vs. ) Sumner County ) ROBERT ALLEN VAUGHN, ) Honorable Jane W. Wheatcraft, ) Judge Appellant. ) )

FOR THE APPELLANT: FOR THE APPELLEE:

DAVID SIMPSON JOHN KNOX WALKUP 113 West Main St. Attorney General & Reporter Gallatin, TN 37066 JANIS L. TURNER Counsel for the State Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493

LAWRENCE RAY WHITLEY District Attorney General

MICHAEL HIGGINBOTHAM 113 West Main St. Gallatin, TN 37066 113 West Main St.

OPINION FILED: ____________________

AFFIRMED PURSUANT TO RULE 20

CURWOOD WITT JUDGE OPINION

The defendant, Robert Allen Vaughn, pleaded guilty to two counts

of burglary, a Class D felony. 1 On January 2, 1996, the trial court accepted the

state’s recommendation and sentenced the defendant to concurrent eight-year

sentences as a Range III offender. The trial judge ordered the defendant to

serve his sentence in the Department of Correction. In this appeal, the

defendant challenges the trial court’s denial of probation.

A defendant with a sentence of eight years or less is eligible for

probation. Tenn. Code Ann. § 40-35-303(a)(Supp. 1996). One who is convicted

of a Class E, D, or C felony is presumed to be a favorable candidate for

alternative sentencing options. § 40-35-102(6). The presumption may, however,

be rebutted by the facts and circumstances of the case. Tenn. Code Ann. § 40-

35-102(6) (Supp. 1996); § 40-35-103(1) (1990); State v. Hartley, 818 S.W.2d

370, 373 (Tenn. Crim. App. 1991).

This record contains more than ample justification to deny

probation. The defendant has been convicted of at least six prior felonies for

similar crimes. In addition, his record discloses numerous convictions for

misdemeanors. During his twenty-three years of criminal activity, he has been

on probation at least twice. He admits to using illegal drugs while on bond.

These facts clearly support the trial judge’s finding that the public needs to be

protected from this defendant’s continuing criminal behavior. See Tenn. Code

Ann. §40-35-103(1)(A) (1990).

1 The defendant was originally indicted on five counts. Pursuant to the plea agreement, the state dismissed the three remaining counts.

2 Therefore, based upon a thorough reading of the record, the briefs

of the parties, and the law governing the issue presented for review, the

judgment of the trial court is affirmed pursuant to Rule 20, Tennessee Court of

Criminal Appeals.

__________________________ CURWOOD W ITT, Judge

______________________________ GARY R. WADE, Judge

______________________________ DAVID H. WELLES, Judge