State of Tennessee v. Wynell Ford
W2016-01515-CCA-R3-CD
| Tenn. Crim. App. | May 5, 2017Background
- Wynell Ford pled guilty to being a convicted felon in possession of a firearm (Range II multiple offender); sentencing left to the trial court.
- Factual basis: officers observed the gun imprint in Ford’s pocket, recovered a firearm when they seized it, and Ford admitted he was a convicted felon and had no carry permit. Offense occurred April 27, 2015 in Madison County.
- Presentence report showed an extensive criminal history dating to his late teens, including prior aggravated assault convictions (violent felonies), domestic assault, property and drug offenses, and repeated probation violations; defendant reported never having been employed and has partial paralysis and health issues.
- At sentencing defense asked for minimum sentence and alternative sentencing (probation) citing acceptance of responsibility, limited risk due to paralysis, and older convictions; no proof was offered by defense at hearing.
- Trial court applied two enhancement factors (previous criminal history beyond Range II predicate and failure to comply with community-based sentences), found no mitigators, imposed the ten-year maximum and denied alternative sentencing based on repeated failures on community release and the nature of the offense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by denying alternative sentencing/probation | State: trial court’s denial appropriate given record and history | Ford: non‑use possession only, accepted responsibility, partial paralysis means he could comply with probation | Affirmed — no abuse of discretion; denial supported by criminal history and repeated failures on community release |
Key Cases Cited
- State v. Bise, 380 S.W.3d 682 (Tenn. 2012) (within‑range sentences get a presumption of reasonableness when properly applying sentencing principles)
- State v. Carter, 254 S.W.3d 335 (Tenn. 2008) (no presumptive entitlement to alternative sentencing under revised statutes)
- State v. Goode, 956 S.W.2d 521 (Tenn. Crim. App. 1997) (burden on defendant to show suitability for probation)
- State v. Boggs, 932 S.W.2d 467 (Tenn. Crim. App. 1996) (same principle regarding probation suitability)
- State v. Bingham, 910 S.W.2d 448 (Tenn. Crim. App. 1995) (probation must serve ends of justice and public interest)