State of Tennessee v. JoAnn White Pogue

The appellant, Joann White Pogue, pled guilty in the Marshall County Circuit Court to five counts of delivery of morphine and five counts of selling morphine, Class C felonies. The trial court merged each delivery conviction into a conviction for selling morphine and sentenced the appellant to an effective nine-year sentence in the Department of Correction (DOC). On appeal, the appellant claims the trial court improperly enhanced her sentences and improperly concluded that she was not entitled to the presumption that she was a favorable candidate for alternative sentencing. We agree that the trial court improperly applied enhancement factors and that the appellant was entitled to the presumption. Upon review of the record and the parties' briefs, we conclude that the trial court erred in its sentencing determinations and remand for resentencing.