State of Tennessee v. Darnell Keith Roberts
W2016-01542-CCA-R3-CD
Tenn. Crim. App.Feb 28, 2017Background
- Defendant Darnell Keith Roberts pled guilty to aggravated robbery (Class B felony) as a Range II, multiple offender; sentencing was reserved for a later hearing.
- Facts: at ~6:30 a.m. defendant entered a convenience store, pointed a .45 pistol at the clerk, and stole about $300; he left with Shaun Williams, who was later tried and acquitted.
- At sentencing the State asserted enhancement factors including prior convictions and failure to comply with community release; it withdrew a parole-at-time-of-offense enhancement before the hearing.
- Proof at sentencing: defendant has three prior aggravated robbery convictions; he was on probation for a prior offense when he committed another; defendant admitted robbery and said he committed it to buy drugs.
- Trial court found multiple enhancement factors applicable (previous convictions beyond range, leadership role, failure to comply with community release), rejected proposed mitigators (no threat of serious injury not shown; motivation was to buy drugs), and imposed a within-range 15-year sentence to be served at 85% with jail credit.
- Defendant appealed, arguing the court improperly enhanced his sentence and effectively punished him twice for prior aggravated robbery convictions; the Court of Criminal Appeals affirmed.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Roberts) | Held |
|---|---|---|---|
| Whether the 15-year within-range sentence was excessive/improperly enhanced | Sentence is within-range and supported by applicable enhancement factors and record; presumption of reasonableness applies | Trial court improperly double-counted prior aggravated robbery convictions and thus unlawfully increased sentence above 12 years | Affirmed: 15-year sentence is within range and properly supported by enhancement factors; no abuse of discretion |
Key Cases Cited
- State v. Bise, 380 S.W.3d 682 (Tenn. 2012) (establishes abuse-of-discretion review with presumption of reasonableness for within-range sentences)
- State v. Carter, 254 S.W.3d 335 (Tenn. 2008) (defendant not entitled to minimum sentence within range)
- State v. Taylor, 63 S.W.3d 400 (Tenn. Crim. App. 2001) (lists factors trial court must consider at sentencing)