All Content

Posted by: Stacey Shrader Joslin on Sep 21, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

Thomas E. Parkerson (on appeal) and Shawn Williams (at trial), Murfreesboro, Tennessee, for the Appellant, Connie Kohnsabanh Vongphakdy.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Renee W. Turner, Senior Counsel; Jennings Hutson Jones, District Attorney General; and Pamela Anderson, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge(s): OGLE

The Appellant, Connie Kohnsabanh Vongphakdy, pled guilty in the Rutherford County Circuit Court to one count of theft $60,000 or more but less than $250,000; four counts of theft of $10,000 or more but less than $60,000; and two counts of theft of $1,000 or more but less than $10,000. Pursuant to the plea agreement, the Appellant received a total effective sentence of eight years. After a sentencing hearing, the trial court denied alternative sentencing and ordered the Appellant to pay restitution in the amount of $178,300. On appeal, the Appellant challenges the trial court’s denial of alternative sentencing. The State concedes that the trial court did not consider the specific factors in Tennessee Code Annotated section 40-35-103 but contends that the trial court implicitly found that confinement was necessary to avoid depreciating the seriousness of the offense and to serve as a deterrent. Upon review, we reverse the judgments of the trial court and and remand for resentencing.