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Posted by: Landry Butler on Apr 23, 2018

Court: TN Court of Criminal Appeals

Attorneys 1:

Roger E. Nell, District Public Defender; and Shelby C. Silvey, Assistant Public Defender, for the appellant, Anthony Penny.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Jonathan H. Wardle, Assistant Attorney General; John W. Carney, District Attorney General; and Kimberly Lund, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): DYER

The defendant, Anthony Penny, pled guilty to three counts of aggravated sexual battery. The plea agreement provided for the defendant to be sentenced by the trial court with an agreement his sentences would be served concurrently. Following a sentencing hearing, the trial court imposed a sentence of ten years for each count to be served in confinement. On appeal, the defendant contends the trial court abused its discretion by failing to properly consider the purposes and principles of sentencing, by applying enhancement factor four, and by failing to properly consider certain mitigating factors under the “catch-all” provision of the statute. Following our review, we affirm the judgments of the trial court.