State of Tennessee v. Antwain Deshun Coleman, AKA Antwain Mackey
M2016-02334-CCA-R3-CD
| Tenn. Crim. App. | Jul 28, 2017Background
- Defendant Antwain D. Coleman pled guilty to facilitation of aggravated robbery (Class C felony) in exchange for a six-year Range I sentence; manner of service reserved for sentencing court.
- Underlying facts: taxi driver Michael Meacham was approached, threatened with handguns, and robbed of phone, wallet, cards and ID; co-defendant’s prints matched latent prints and implicated both men; victim later identified Coleman in a photo lineup with 70% assurance.
- At sentencing, victim testified the robbery caused ongoing anxiety and depression and urged full punishment; Coleman apologized, described substance use and peer influence, and sought alternative sentencing to help his family and care for his child.
- Presentence report showed prior convictions including aggravated robbery, felony theft, and misdemeanors; Coleman previously failed to complete probation and had lost a college scholarship due to the prior aggravated robbery.
- Trial court denied alternative sentencing, citing the need to avoid depreciating the seriousness of the offense and to protect society given Coleman’s criminal history; court ordered incarceration but requested in-custody treatment consideration.
- Coleman appealed, arguing the denial of alternative sentence (probation or community corrections) was an abuse of discretion; appeal limited as he did not develop a challenge to community corrections in his brief.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Coleman) | Held |
|---|---|---|---|
| Whether trial court abused discretion by denying alternative sentence | The sentence was within range and sentencing court properly considered seriousness and defendant’s record; confinement appropriate | Denial was improper; criminal record not lengthy and deterrence should not justify denying probation | Affirmed; no abuse of discretion — confinement justified to avoid depreciating seriousness and based on criminal history |
| Whether deterrence alone can justify denying probation | Trial court relied on statutory sentencing considerations, not solely deterrence | Coleman argued Moten bars denial based on deterrence | Moten superseded by statute; court did not rely solely on deterrence; decision stands |
| Whether trial court improperly considered prior record beyond plea agreement | State contended court may consider prior convictions even if plea capped at Range I | Coleman contended record insufficiently lengthy to justify confinement | Court properly considered defendant’s prior convictions and probation failure despite Range I plea; consideration permissible |
| Whether challenge to community corrections preserved | State noted defendant did not brief this issue | Coleman raised community corrections generally but provided no argument | Waived for lack of appellate development |
Key Cases Cited
- State v. Bise, 380 S.W.3d 682 (Tenn. 2012) (abuse of discretion review with presumption of reasonableness for within-range sentences)
- State v. Caudle, 388 S.W.3d 273 (Tenn. 2012) (same standard applies to alternative sentencing decisions)
- State v. King, 432 S.W.3d 316 (Tenn. 2014) (application of Bise standard to diversion and sentencing reviews)
- State v. Carter, 254 S.W.3d 335 (Tenn. 2008) (appellant bears burden to show sentencing impropriety)
- State v. Ashby, 823 S.W.2d 166 (Tenn. 1991) (appellate review principles for sentencing challenges)
- State v. Hooper, 29 S.W.3d 1 (Tenn. 2000) (explaining deterrence’s role in probation denial and statutory evolution)
- State v. Trotter, 201 S.W.3d 651 (Tenn. 2006) (denial of alternative sentence may be based on avoiding depreciation of offense seriousness)
- Moten v. State, 559 S.W.2d 770 (Tenn. 1977) (historical rule that deterrence alone could not deny probation; later superseded by statute)
