State of Tennessee v. Brian Garwood, M2016-01653-CCA-R3-CD

Brian Garwood pled guilty to three counts of forgery (Class E felonies) as a Range II multiple offender; other counts were dismissed under a plea agreement. He received concurrent two-year terms for each count, to be served consecutively for an effective six-year sentence, to be served consecutively to an outstanding four-year sentence for aggravated burglary.
The factual basis: Garwood, who had been given work by victims Marvin and Jacqueline Lawley, took their checkbook and passed multiple forged checks payable to himself without permission.
Presentence report showed an extensive criminal history (aggravated burglary, burglary, theft, felony escape, possession of Schedule II drugs), four prior probation revocations, and commission of the instant offenses while on bond.
Defense requested placement in drug court (alternative sentence) — counsel and Garwood asserted he had been evaluated and approved and sought treatment for long-term methamphetamine addiction; Garwood claimed sobriety since January 2016 and willingness to participate.
The trial court denied drug-court placement, citing Garwood’s lengthy criminal history, multiple probation revocations, commission of offenses while on bond, breach of private trust, doubts about rehabilitation potential, and that he was not a good candidate for limited drug-treatment resources.
Garwood appealed the denial of alternative sentencing; the Court of Criminal Appeals affirmed, finding no abuse of discretion.

Issue	Garwood's Argument	State's Argument	Held
Whether the trial court abused its discretion by denying placement in drug court/alternative sentence	Garwood argued he qualified for drug court, was evaluated and approved, and sought treatment for addiction	State argued trial court acted within discretion given Garwood’s criminal history, probation revocations, offense committed on bond, and breach of trust	Denial affirmed — no abuse of discretion; trial court permissibly found Garwood not a suitable candidate for drug court

State v. Bise, 380 S.W.3d 682 (Tenn. 2012) (standard of appellate review for length, range, and manner of sentence; abuse-of-discretion with presumption of reasonableness)
State v. Pollard, 432 S.W.3d 851 (Tenn. 2013) (application of Bise standard to consecutive sentencing)
State v. Caudle, 388 S.W.3d 273 (Tenn. 2012) (application of Bise standard to alternative sentencing)
State v. Zeolia, 928 S.W.2d 457 (Tenn. Crim. App. 1996) (factors under Tenn. Code Ann. § 40-35-103 guiding alternative-sentencing denial)