State of Tennessee v. Kenneth Ray Kilpatrick and Carrie Fay Kilpatrick

Defendant, Kenneth Ray Kilpatrick, entered a plea of guilty in case no. 6670 to one count of manufacturing marijuana in an amount not less than twenty plants nor more than ninety-nine plants, a Class C felony; one count of facilitation of possession with intent to manufacture marijuana, a Class D felony; and one count of possession of unlawful drug paraphernalia, a Class A misdemeanor. Following a sentencing hearing, the trial court sentenced Defendant Kenneth Kilpatrick as a Range II, multiple offender, to concurrent sentences of six years for his Class C felony conviction, four years for his Class D felony conviction, and eleven months, twenty nine days for his misdemeanor conviction, for an effective sentence of six years. Defendant, Carrie Fay Kilpatrick, entered a plea of guilty in case no. 6670 to one count of facilitation of possession with intent to manufacture marijuana, a Class D felony, and possession of unlawful drug paraphernalia, a Class A misdemeanor. In case no. 6689, Defendant Carrie Kilpatrick entered a plea of guilty to one count of simple possession of marijuana, a Class A misdemeanor, and one count of possession of unlawful drug paraphernalia, a Class A misdemeanor. The trial court sentenced Defendant Carrie Kilpatrick as a Range I, standard offender, to three years for her Class D felony conviction, and eleven months, twenty-nine days for each misdemeanor conviction. The trial court ordered Defendant Carrie Kilpatrick to serve her sentences in case nos. 6670 and 6689 concurrently for an effective sentence of three years. On appeal, both Defendants argue that the trial court erred in denying their respective requests for alternative sentencing and ordering each Defendant to serve his or her sentence in confinement. Defendant Kenneth Kilpatrick also contends that the trial court erred in its application of enhancement factors in determining the length of his sentence. After a thorough review, we affirm the judgments of the trial court.