State v. Stamm

Citation: Not availableDocket: 03C01-9602-CC-00068

Court: Court of Criminal Appeals of Tennessee; April 17, 1997; Tennessee; State Appellate Court

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Michael Stamm appeals his ten-year sentence for sale of cocaine, a Class B felony, imposed by the Blount County Circuit Court following his guilty plea. The court determined this sentence based on Stamm's criminal history as an enhancing factor, while considering the absence of violence and his voluntary drug rehabilitation efforts as mitigating factors. Stamm contests the decision to place him in the custody of the Tennessee Department of Corrections instead of granting an alternative sentence through the Community Corrections Program. 

Initially indicted on three counts related to cocaine, Stamm pleaded guilty to the sale of cocaine after withdrawing a previous plea due to a mutual misunderstanding regarding his offender status. During the sentencing hearing, he described his background as a 29-year-old single parent with a history of significant drug abuse, previous felony convictions, and a desire for rehabilitation. Although he had briefly enrolled in a rehabilitation program, he relapsed shortly after due to insurance issues. The court also imposed a $2,000 fine and $100 restitution, which Stamm did not contest.

Despite being evaluated as eligible for Community Corrections, Stamm admitted to multiple probation violations and failures to cooperate with probation requirements. The state presented evidence of Stamm's six prior Class E felony convictions, which were not disputed. The Community Corrections official who evaluated him did not testify, nor was any report on his eligibility submitted into evidence. Ultimately, the appellate court affirmed the trial court's sentencing decision.

The court is tasked with evaluating whether the trial court erred in sentencing the appellant to the Tennessee Department of Corrections instead of an alternative sentence under the Community Corrections Act. Both parties agree on the ten-year sentence's appropriateness, leaving the focus solely on the decision for imprisonment versus alternative sentencing. The court conducts a de novo review, presuming the trial court's decision was correct, with the appellant bearing the burden of proving the sentence is improper.

The appellant, classified as a Class B felon, is not inherently favored for alternative sentencing, and not all drug-related offenders who meet minimum criteria qualify for such treatment. After reviewing the evidence, the court finds insufficient grounds to overturn the trial court’s sentence. The appellant has a history of multiple convictions and has failed to reform despite previous opportunities for less restrictive sentencing. This pattern suggests that allowing an alternative sentence would undermine the seriousness of his current drug-related offense.

Although the appellant's brief introduces several mitigating factors not raised at the sentencing hearing—specifically, the lack of serious bodily harm, acting under provocation, and motivations linked to family needs—the court finds these mitigating factors inapplicable. Although there is some ambiguity regarding the trial judge's consideration of the factor related to serious bodily injury, it appears that this factor was indeed considered in mitigation during sentencing.

Appellant's argument for reconsideration of the sentence based on an additional mitigating factor is rejected, as it does not outweigh the trial judge's presumption of correctness regarding the sentence. The trial judge failed to address two enhancement factors: the appellant's noncompliance with release conditions and the commission of the offense while on probation for another felony, which are deemed applicable upon de novo review and support the imposed sentence. The trial judge noted enhancing factors related to the appellant's criminal record and recognized minor mitigating factors, including the absence of violence and the appellant's efforts for voluntary treatment. There is ambiguity in whether the lack of violence is a valid mitigating factor, as established by varied case precedents. Ultimately, the sentence of ten years in the custody of the Tennessee Department of Corrections is affirmed by the court.