State of Tennessee v. Nicole Irizzary, M2016-00465-CCA-R3-CD

Defendant Nicole Irizzary pled nolo contendere to voluntary manslaughter (reduced from second-degree murder), possession of a Schedule II drug, and child abuse; other counts were dismissed. Court imposed concurrent four-year sentences for manslaughter and drug possession, consecutive to a four-year child abuse sentence — effective eight years; trial court denied alternative sentencing and ordered confinement.
Victim (defendant’s 16-year-old daughter) died of combined oxymorphone (Opana) and alcohol intoxication; toxicology showed a potentially lethal Opana concentration.
TBI investigation recovered text messages showing defendant discussed giving/selling Opana to the victim and others; witnesses corroborated defendant provided multiple Opana pills to the victim and others to sell.
Medical testimony explained Opana’s lethality, especially with alcohol; law enforcement and medical witnesses testified Opana-related deaths had increased.
At sentencing the court considered presentence report, victim-family testimony (emphasizing defendant’s lack of remorse), and defense character witnesses; court found defendant sought profit, involved her child in drug sales, and failed to accept responsibility.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Irizzary)	Held
Whether trial court abused discretion by denying alternative sentencing	Denial proper: court considered required factors; confinement justified for deterrence, defendant’s profit motive, prior similar conduct, and lack of remorse	Court should have granted alternative sentence (defendant a standard offender, employment history, character evidence)	Affirmed — no abuse of discretion; court properly applied sentencing principles and stated reasons on record
Whether trial court committed plain error by considering defendant’s silence/failure to allocute	Court relied on defendant’s lack of remorse and failure to accept responsibility, not on adverse inference from silence; such consideration is permissible	Court impermissibly penalized defendant for not testifying/allocuting at sentencing (self-incrimination privilege)	No plain error — record shows court relied on lack of acceptance of responsibility, not on drawing an adverse inference from silence

State v. Bise, 380 S.W.3d 682 (Tenn. 2012) (within-range sentencing reviewed for abuse of discretion with presumption of reasonableness)
State v. Caudle, 388 S.W.3d 273 (Tenn. 2012) (abuse of discretion standard with presumption applies to alternative sentencing decisions)
State v. Carter, 254 S.W.3d 335 (Tenn. 2008) (defendant not presumptively a favorable candidate for alternative sentencing)
State v. Davis, 940 S.W.2d 558 (Tenn. 1997) (no automatic right to probation)
State v. Hooper, 29 S.W.3d 1 (Tenn. 2000) (factors supporting confinement, including deterrence and prior similar conduct)
State v. Adkisson, 899 S.W.2d 626 (Tenn. Crim. App. 1994) (plain-error review framework)