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Posted by: Stacey Shrader Joslin on Jan 28, 2013

Head Comment: CORRECTION: On page 7, line 10, one space after the colon is deleted; on page 10, footnote 12, line 1, "1989 act" is changed to "1989 Act" ; on page 11, line 9, one space after the colon is deleted; on page 27, footnote 41, line 6, a comma is added after "(Tenn. Crim. App. Aug. 11, 2008)"

Court: TN Supreme Court

Attorneys 1:

Robert E. Cooper, Jr., Attorney General and Reporter; William E. Young, Solicitor General; Amy L. Tarkington, Deputy Attorney General; C. Berkeley Bell, District Attorney General; and J. Chalmers Thompson, Assistant District Attorney General, for the appellant, the State of Tennessee.

Attorneys 2:

Jonathan D. Cooper, Knoxville, Tennessee (on appeal before the Supreme Court) and Charles C. Harrison, Jr., Pigeon Forge, Tennessee (at trial and on appeal before the Court of Criminal Appeals) for the appellee, Susan Renee Bise.

Judge(s): WADE

Following a burglary in Greene County, the defendant was charged with two counts of aggravated burglary and two counts of theft of property. At the conclusion of the trial, the jury returned verdicts of guilt for one count of facilitation of aggravated burglary and for two counts of theft of property. After finding the presence of one enhancement factor, the trial court imposed concurrent three-year sentences for each offense. The Court of Criminal Appeals found that the enhancement factor did not apply and reduced each of the sentences to two years. Because we find that a sentence imposed by a trial court should be upheld so long as it is within the appropriate sentencing range and is otherwise in compliance with the purposes and principles of the sentencing statute, we reverse the sentence modification by the Court of Criminal Appeals and, upon review under an abuse of discretion standard with a presumption of reasonableness, reinstate the sentence imposed by the trial court.