State v. Mayes, 03C01-9610-CR-00365

Mayes pleaded guilty to conspiracy to deliver or sell over 26 grams of cocaine, possession with intent to deliver or sell six ounces of cocaine, two counts of sale of cocaine, and unlawful possession of drug paraphernalia.
Trial court sentenced him to an effective 18-year sentence as a Range I offender; sentencing was remanded for proper findings under Tenn. Code Ann. § 40-35-115, -209, -210(f).
On resentencing, the court imposed two 10-year concurrent sentences for conspiracy and possession with intent to sell, and two 8-year minimum sentences for sales, with the sentences for selling Cocaine running concurrently with each other and consecutively to the 10-year sentences.
The judge also imposed the misdemeanor sentence for possession of drug paraphernalia.
Mayes challenged the length and consecutive nature of the sentences, arguing mitigating factors were not properly weighed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Are the ten-year terms for conspiracy and possession exceso	Mayes argues the ten-year terms exceed the eight-year minimum without sufficient justification.	State contends enhancement factors and totality of circumstances justify the longer sentences.	Yes; enhancement factors support ten-year terms.
Should sentences be consecutive	Mayes contends consecutive sentencing is unwarranted given his record.	State argues consecutive sentences are warranted by extensive criminal history.	Yes; consecutive sentences affirmed.

State v. Ashby, 823 S.W.2d 166 (Tenn. 1991) (guides de novo review and burden on defendant)
State v. Fletcher, 805 S.W.2d 785 (Tenn. Crim. App. 1991) (trial court's consideration of factors; deference on review)
State v. Holland, 860 S.W.2d 53 (Tenn. Crim. App. 1993) (summarizes sentencing principles and factors)
State v. Wilkerson, 905 S.W.2d 933 (Tenn. 1995) (consecutive sentencing framework and discretion)
State v. Moss, 727 S.W.2d 229 (Tenn. Crim. App. 1976) (totality of circumstances in sentence review)
State v. Taylor, 739 S.W.2d 227 (Tenn. Crim. App. 1987) (principles relating to proportionality and sentencing)