State of Tennessee v. Jerry Brandon Phifer
M2016-00227-CCA-R3-CD
| Tenn. Crim. App. | Oct 28, 2016Background
- In 2011 a Davidson County grand jury indicted Jerry Brandon Phifer on 12 counts arising from a string of property crimes; Counts 11 (aggravated burglary) and 12 (theft > $1,000) are the convictions at issue.
- Phifer pled guilty to Counts 11 and 12 on January 13, 2014 via open pleas; sentencing was set to determine length, range, and manner.
- The trial court sentenced Phifer to 13 years (45% release eligibility) for aggravated burglary and 12 years (60% release eligibility) for theft; the 13-year term was ordered consecutive to the 12-year term.
- After entry of the pleas, this Court reversed Phifer’s earlier convictions in a related case because of illegal GPS tracking, leading Phifer to pursue post-conviction relief regarding Counts 11 and 12; the post-conviction court denied relief but granted delayed appeal on sentencing issues.
- On appeal Phifer argued (1) improper enhancement of the aggravated burglary sentence (from the 10-year minimum to 13 years) and (2) improper imposition of consecutive sentences producing an effective 25-year term.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court improperly enhanced Phifer’s aggravated burglary sentence above the 10-year minimum | State: sentence is within-range and lawful under sentencing statutes | Phifer: court failed to properly consider his remorse and rehabilitation potential; he sought the 10-year minimum | Court affirmed: 13-year within-range sentence upheld; court considered enhancement/mitigating factors and statutory purposes |
| Whether the trial court erred by ordering the 13- and 12-year sentences to run consecutively | State: consecutive sentences supported by statutory criteria (extensive criminal record, offense while on probation) | Phifer: effective 25-year term is excessive for these crimes | Court affirmed: consecutive sentencing proper based on offender’s extensive record and commission while on probation |
Key Cases Cited
- State v. Bise, 380 S.W.3d 682 (Tenn. 2012) (standard for reviewing within-range sentences and presumption of reasonableness)
- State v. Carter, 254 S.W.3d 335 (Tenn. 2008) (trial court may select any sentence within range; defendant not entitled to minimum)
- State v. Pollard, 432 S.W.3d 851 (Tenn. 2013) (standards for consecutive sentencing review)
- State v. Black, 924 S.W.2d 912 (Tenn. Crim. App. 1995) (statutory criteria permitting consecutive sentences)