State of Tennessee v. Walter Pablo

The Appellant, Walter Pablo, appeals the sentencing decision of the Shelby County Criminal Court in ordering that his sentence for DUI, first offense, be served in total confinement. Pablo and the State reached a guilty plea agreement providing that he would plead guilty to DUI, leaving the scene of an accident, and failure to appear, and receive an effective sentence of eleven months and twenty-nine days, with fifteen days to be served in confinement and the balance to served on probation. At a guilty plea hearing, after questioning by the trial court, Pablo provided information to the court that he was a Mexican citizen, and that he did not know whether the federal authorities were aware of his presence in this country. After four days of guilty plea proceedings over a period from August 7, 2007, to August 28, 2007, during which Pablo was in confinement, the trial court rejected the guilty plea agreement insofar as it provided for a probationary sentence. Pablo was allowed the opportunity to withdraw his guilty plea, which he declined. The trial court then summarily sentenced Pablo to eleven months and twenty-nine days’ incarceration in the workhouse for the DUI conviction. On appeal, Pablo argues that the trial court erred in denying him probation based solely upon his perceived status as an illegal alien. After review, we conclude that there was insufficient evidence to support the trial court’s determination that Pablo’s presence in the United States was unlawful and that the trial court’s summary sentencing decision failed to consider relevant principles of sentencing in denying probation. Accordingly, we reverse the judgment of the trial court and remand for resentencing.