State of Tennessee v. Bryan Cannady, W2016-00494-CCA-R3-CD

Defendant Bryan Cannady pleaded guilty (plea agreement) to theft (Class B), three counts of burglary (Class D), vandalism ≥ $60,000 (Class B) in Case 13-02653, and vandalism ≥ $1,000 (Class D) in Case 14-06122.
Sentences: concurrent 8 years for each Class B, 2 years for each Class D in Case 13-02653; consecutive 2-year sentence in Case 14-06122, for an effective 10-year term; manner of service left to trial court.
Facts: Defendant and co-defendant stole heavy equipment and copper from an industrial site; separate vandalism against Defendant’s father (destroyed phone, damaged doors, threatened arson) occurred while Defendant was on bail.
Two pre-sentence reports were prepared but not included in the appellate record; Defendant testified at sentencing about report contents and his extensive criminal history and substance abuse; he sought probation and outpatient treatment.
Trial court found long history of criminal conduct, failed past rehabilitative efforts, commission of vandalism while on bail, and failure to report for pre-sentence work; court denied probation and ordered confinement to avoid depreciating seriousness and for deterrence.
Defendant appealed the denial of probation/alternative sentence; appellate court reviewed for abuse of discretion and affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether trial court erred in denying probation/alternative sentence	State: trial court properly applied sentencing principles and confinement was warranted	Cannady: trial court should have suspended sentence or granted alternative (probation/community corrections)	Affirmed — no abuse of discretion; confinement appropriate
Whether record inadequacy (missing pre-sentence reports) precludes review	State: transcript and defendant testimony suffice for review	Cannady: missing reports limit ability to review sentencing	Court: despite missing reports, record adequate for merits; reviewed and affirmed
Whether trial court misapplied sentencing standards or failed to articulate reasons	State: court articulated statutory factors and reasons on record	Cannady: argued for less restrictive measures and treatment	Court: court considered statutory factors, articulated findings; presumption of reasonableness applies
Whether confinement was necessary under Tenn. Code Ann. § 40-35-103(1) criteria	State: confinement necessary due to long history, deterrence, failed rehabilitation	Cannady: argued rehabilitation potential and need for treatment in community	Court: found statutory criteria satisfied (history, seriousness, prior failures); confinement justified

Caudle v. State, 388 S.W.3d 273 (Tenn. 2012) (standard of appellate review for sentencing decisions)
State v. Bise, 380 S.W.3d 682 (Tenn. 2012) (abuse of discretion review and requirement to state on-record reasons)
State v. Ivy, 868 S.W.2d 724 (Tenn. Crim. App. 1993) (presumption trial judge ruled correctly when record incomplete)
State v. Ashby, 823 S.W.2d 166 (Tenn. 1991) (burden on appellant to show sentence impropriety)