State of Tennessee v. Erick Tenaz
M2016-02442-CCA-R3-CD
| Tenn. Crim. App. | Jul 27, 2017Background
- Defendant Erick Tenaz pleaded guilty to conspiracy to commit second-degree murder (Range I); length and manner of service reserved for sentencing.
- Underlying incident (Sept. 8, 2013): surveillance and witness statements showed a group arriving at Club Cielo; an assault on Isaac Tenaz preceded a vehicle from which multiple shots were fired into a crowd, killing Shivon Abdullatif and wounding Nejyar Osman.
- Evidence at sentencing: surveillance footage, nine .40-caliber casings at scene, a magazine matching those casings found in Tenaz’s home; Detective Warren concluded Tenaz drove the car and provided the handgun.
- At sentencing Tenaz admitted owning the gun, acknowledged giving it to Sergio Baeza earlier, and claimed he did not intend anyone to be hurt; he denied formal gang membership but associated with gang members.
- Trial court applied multiple enhancement factors (criminal history, multiple victims, particularly great injuries, supplying the gun while aware of intent, lack of hesitation when risk to life was high) and limited mitigation (eventual identification of shooter).
- Court denied alternative sentencing and imposed nine years’ confinement; Tenaz appealed only the denial of alternative (non-incarcerative) sentencing.
Issues
| Issue | Plaintiff's Argument (Tenaz) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether the trial court erred by ordering full confinement rather than alternative sentencing | Full confinement was inappropriate; Tenaz sought an alternative sentence given mitigating facts and remorse | Denial of alternative sentencing was proper given offense seriousness, Tenaz’s record, lack of candor, and gang affiliation | Affirmed: trial court did not abuse discretion; confinement supported by record and sentencing factors |
Key Cases Cited
- State v. Bise, 380 S.W.3d 682 (Tenn. 2012) (presumption of reasonableness for within-range sentences applying abuse-of-discretion review)
- State v. Caudle, 388 S.W.3d 273 (Tenn. 2012) (abuse-of-discretion standard with presumption applies to probation and alternative-sentencing decisions)
- State v. Mounger, 7 S.W.3d 70 (Tenn. Crim. App. 1999) (defendant bears burden to show suitability for full probation)
- State v. Dykes, 803 S.W.2d 250 (Tenn. Crim. App. 1990) (full probation must subserve public and defendant’s interests)