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Posted by: Tanja Trezise on Dec 12, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

Christopher G. Clark, Clarksville, Tennessee, for the appellant Otis B. Owens.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; John W. Carney, District Attorney General; and Timothy Peters, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): SMITH

Appellant, Otis B. Owens, pled guilty to arson and vandalism of property valued at over $60,000. As per the guilty plea the length and manner of service of sentence was to be determined by the trial court after a hearing. The trial court sentenced Appellant to an effective sentence of eight years. Appellant appeals, arguing that the trial court improperly denied an alternative sentence and that the trial court improperly applied enhancement factors in determining the length of the sentence. After a review of the record, we determine that the trial court properly sentenced Appellant to an effective eight-year sentence, and, in order to avoid depreciating the seriousness of the offense, did not abuse its discretion in denying an alternative sentence. Consequently, the judgments of the trial court are affirmed.