In Re: Anna L. J. - Concurring

Case Number
M2013-00561-COA-R3-JV

I write separately to emphasize the point that trial courts should not automatically impose the maximum sentence when consecutive sentencing is available; this is due in part to the recognition that “not every contemptuous act, or combination of contemptuous acts, justifies the imposition of a maximum sentence, particularly when consecutive sentencing is in play.” Simpkins v. Simpkins, 374 S.W.3d 413, 422 (Tenn. Ct. App. 2012). Imposition of the maximum sentence to be served consecutively is merely an option if the facts of the case justify the absolute maximum sentence. Further, there is a presumption in favor of concurrent sentencing as distinguished from consecutive sentencing. Id. at 424 (citing State v. Taylor, 739 S.W.2d 227, 230 (Tenn. 1987) (holding that consecutive sentences should not routinely be imposed in criminal cases and the aggregate maximum of consecutive terms must be reasonably related to the severity of the offenses involved)).

Authoring Judge
Judge Frank G. Clement, Jr.
Originating Judge
Judge Sharon Guffee
Case Name
In Re: Anna L. J. - Concurring
Date Filed
Dissent or Concur
This is a dissenting opinion
Download PDF Version