State of Tennessee v. Donald Biggs, Alias
2015 Tenn. Crim. App. LEXIS 795
| Tenn. Crim. App. | 2015Background
- Donald Biggs pled guilty to multiple offenses from a September 2013 crime spree in Knox County: four aggravated robberies, two shoplifting/theft counts, and one attempted aggravated robbery; pleas were taken over three hearings.
- The robberies involved using a toy/plastic handgun; no victims were physically injured, and some victims recognized the gun as plastic.
- Biggs had an extensive criminal history, including prior theft-related convictions, probation at the time of the new offenses, and prior incarcerations dating to the 1980s.
- At sentencing the trial court classified Biggs as a Range III persistent offender and imposed two consecutive 22-year sentences (for an effective 44-year sentence at 85%); remaining sentences were concurrent.
- The trial court justified partial consecutive sentencing on the ground that Biggs’s record of criminal activity was extensive and he was on probation when the offenses were committed.
- The Court of Criminal Appeals reversed the partial consecutive sentences as an abuse of discretion, concluding the aggregate 44-year term (effectively life) was neither justly deserved nor the least severe necessary; it remanded for entry of concurrent sentences.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Biggs) | Held |
|---|---|---|---|
| Whether trial court properly imposed partial consecutive sentences under Tenn. Code Ann. § 40-35-115(b) | Trial court met criteria (extensive criminal record; on probation) and gave reasons; consecutive sentences reasonable | Criminal history and probation status insufficient; aggregate sentence greater than deserved | Reversed: court abused discretion imposing partial consecutive sentences; sentences must run concurrently |
Key Cases Cited
- State v. Pollard, 432 S.W.3d 851 (Tenn. 2013) (presumption of reasonableness applies to consecutive sentences when trial court states on-record reasons under § 40-35-115(b))
- State v. Bise, 380 S.W.3d 682 (Tenn. 2012) (upholding reasonableness presumption for sentencing when trial court articulates its reasons)
- State v. Lewis, 235 S.W.3d 136 (Tenn. 2007) (abuse of discretion occurs when trial court applies incorrect legal standard or reaches illogical/unreasonable conclusion)