State of Tennessee v. Richard W. Wilburn

The Defendant, Richard W. Wilburn, was sentenced to an effective ten-year sentence for his guilty-pleaded convictions to one count of initiating the methamphetamine manufacturing process and three counts of driving on a revoked license, second offense or more.  On appeal, the Defendant contends that the trial court erred by applying enhancement factor 10—the Defendant had no hesitation about committing a crime when the risk to human life was high—to increase his sentence for initiating the manufacturing methamphetamine process because, he asserts, there was no proof that anyone was endangered by his actions.  He also submits that the trial court erred by denying any form of alternative sentencing based upon his need for drug treatment.  Following our review, we find no abuse of discretion in the trial court’s sentencing decision.  Accordingly, the judgments are affirmed.