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Posted by: Tanja Trezise on Nov 7, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

John T. Maher (at sentencing and appeal), Clarksville, Tennessee; Collier Goodlett, Assistant Public Defender (at trial), for the appellant, Donald E. Fentress.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Senior Counsel; John Wesley Carney, Jr., District Attorney General; and John Finklea, Assistant District Attorney, for the appellee, State of Tennessee.

Judge(s): WILLIAMS

The defendant, Donald E. Fentress, appeals the sentencing decision of the Montgomery County Circuit Court. The defendant was convicted of aggravated burglary, a Class C felony, and aggravated rape, a Class A felony. He was sentenced to an effective sentence of twenty-four years in the Department of Correction. On appeal, he contends that his sentence for rape is excessive under the facts and circumstances of his case. Specifically, he faults the trial court for failing to apply mitigating factor (8), that the defendant was suffering from a mental condition which significantly reduced his culpability for the offense. See T.C.A. § 40-35-113(8) (2010). Following review of the record before us, we affirm the decision of the trial court.