State of Tennessee v. Connie Khonsabanh Vongphakdy

The Appellant, Connie Kohnsabanh Vongphakdy, pled guilty in the Rutherford County Circuit Court to one count of theft $60,000 or more but less than $250,000; four counts of theft of $10,000 or more but less than $60,000; and two counts of theft of $1,000 or more but less than $10,000.  Pursuant to the plea agreement, the Appellant received a total effective sentence of eight years.  After a sentencing hearing, the trial court denied alternative sentencing and ordered the Appellant to pay restitution in the amount of $178,300.  On appeal, the Appellant challenges the trial court’s denial of alternative sentencing.  The State concedes that the trial court did not consider the specific factors in Tennessee Code Annotated section 40-35-103 but contends that the trial court implicitly found that confinement was necessary to avoid depreciating the seriousness of the offense and to serve as a deterrent.  Upon review, we reverse the judgments of the trial court and and remand for resentencing.