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State of Tennessee v. Gary Hopper

Citation: Not availableDocket: W2004-00978-CCA-R3-CD

Court: Court of Criminal Appeals of Tennessee; March 30, 2005; Tennessee; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In this case, the defendant pled guilty to vehicular assault, reckless aggravated assault, and leaving the scene of an accident, resulting in a sentence of over seven years in a county workhouse. Classified as a Range II multiple offender, the defendant appealed, arguing for sentencing under the Community Corrections Act due to his medical condition, Hepatitis C, which requires careful monitoring. The appeal centered on whether the trial court erred in denying alternative sentencing. The trial court considered the severity of the offenses, the defendant's extensive criminal history, and the potential danger he poses to the community, concluding that incarceration was justified. The court acknowledged the defendant's medical needs but found that adequate care could be provided within the correctional system. On appeal, the court emphasized the presumption of correctness in the trial court's determinations unless clear error is shown. The appellate court affirmed the trial court's decision, citing the defendant's disqualification from community corrections due to his assaultive offenses and the sufficiency of evidence supporting incarceration.

Legal Issues Addressed

Assessment of Medical Needs in Sentencing

Application: The trial court considered the defendant's medical needs but determined that adequate care could be provided within the correctional facility.

Reasoning: The trial court denied the defendant's request for alternative sentencing, citing the severity of the offenses and the defendant’s extensive criminal history, concluding that his medical needs could be adequately addressed in a suitable facility.

Burden of Proof in Sentencing Appeals

Application: The appellant bears the burden of proving that the trial court erred in sentencing him to incarceration instead of community corrections.

Reasoning: The defendant bears the burden of proving that the trial court erred in sentencing him to incarceration instead of community corrections.

Consideration of Criminal History in Sentencing

Application: The defendant's extensive criminal history, including prior violent offenses, supports the decision to impose incarceration.

Reasoning: His extensive criminal history, which includes prior violent offenses, further supports this disqualification.

Range II Offender Sentencing

Application: As a Range II multiple offender, the defendant is not considered a favorable candidate for alternative sentencing under Tennessee law.

Reasoning: As a Range II offender, he is not considered a favorable candidate for alternative sentencing under Tennessee law.

Sentencing Under Community Corrections Act

Application: The defendant's conviction for vehicular assault and reckless aggravated assault disqualifies him from community corrections due to these offenses being categorized as assaultive against a person.

Reasoning: The defendant's conviction for vehicular assault and reckless aggravated assault disqualifies him from community corrections, as these offenses are categorized as assaultive against a person.