State of Tennessee v. Jason Larry Russo, M2016-00052-CCA-R3-CD

On August 26, 2014, Officer Shane George stopped Jason Larry Russo after observing suspicious pseudoephedrine purchases and recognizing Russo (whose license was revoked).
Search of Russo’s vehicle yielded pseudoephedrine and lighter fluid; Russo admitted to possessing ammonium nitrate at a residence and intending to manufacture methamphetamine.
Russo pled guilty to second-offense driving on a revoked license (Class A misdemeanor) and was convicted by a jury of promotion of the manufacture of methamphetamine (Class D felony).
At sentencing, the court received the presentence report and testimony about local methamphetamine problems and deterrence.
The trial court sentenced Russo to 12 years (60%) as a career offender for the felony and 11 months, 29 days (75%) for the misdemeanor, ordered to be served consecutively.
On appeal Russo challenged the imposition of consecutive sentences as unsupported and excessive; the State defended the consecutive terms based on Russo’s criminal history and status as a professional criminal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether consecutive sentences were properly ordered	State: consecutive sentences permissible based on statutory factors (professional criminal; extensive record)	Russo: consecutive sentencing improper—no proof he was a "dangerous offender" and no long undetected criminal activity; excessive given offenses	Affirmed: court did not abuse discretion; consecutive sentences upheld based on professional criminal status and extensive criminal history