State of Tennessee v. Noah Cassidy Higgins

Defendant, Noah Cassidy Higgins, pled guilty as a Range I standard offender to vehicular homicide by recklessness with the sentence to be determined by the trial court.  Following a sentencing hearing, the trial court denied judicial diversion and probation and sentenced Defendant to five years’ incarceration with a thirty percent release eligibility.  Defendant appealed, arguing that the trial court: (1) improperly denied judicial diversion; (2) improperly denied probation; (3) considered facts outside the record; and (4) erred in applying and balancing certain enhancement and mitigating factors.  Following our review of the record and the parties’ briefs, we affirm the judgment of the trial court.