State of Tennessee v. Gustavio Rousseau

The Circuit Court for Montgomery County sentenced the Defendant, Gustavio Rousseau, as a Range I offender to twenty-four years at thirty percent in the Tennessee Department of Correction following his guilty-pleaded conviction for attempted first degree murder. On appeal, the Defendant argues that the trial court abused its discretion by sentencing him to one year less than the maximum sentence in the applicable range. The Defendant specifically argues that the trial court erred in applying the enhancement factor of Tennessee Code Annotated section 40-35-114(2), finding that the Defendant was a leader in the commission of an offense involving two or more criminal actors. The Defendant also argues that the trial court erred in not giving due consideration to sentencing principles since the Defendant had accepted responsibility in entering an open plea and had no prior felonies. The State contends that the Defendant has failed to show that the trial court abused its discretion because the Defendant did not overcome the presumption of reasonableness accorded to the trial court’s sentencing decision. Following our review, we affirm the judgment of the trial court.