State of Tennessee v. Leroy Moreno

Syllabus

The Fayette County Circuit Court sentenced the Defendant, Leroy Moreno, as a Range I offender to nine years at thirty percent in the Tennessee Department of Correction following his guilty-pleaded conviction for possession of cocaine with intent to deliver between one-half gram and twenty-six grams. On appeal, the Defendant argues that the trial court abused its discretion by sentencing the Defendant above the minimum sentence in his range and by denying him probation. Regarding the length of his sentence, the Defendant specifically contends that the trial court had no basis to deviate from the minimum sentence due to the Defendant's minimal criminal history and the enhancement and mitigating factors' offsetting each other. He further argues that the trial court erred by failing to consider the statistical information provided by the Administrative Office of the Courts (\AOC\) regarding sentencing practices for similar offenses in Tennessee. Relative to the trial court's denial of probation, the Defendant argues that the trial court erred by denying probation when he accepted responsibility for his conduct and had no previous probation violations. Additionally, he contends that the trial court erred by denying probation because basing its denial on the need for deterrence and the seriousness of the offense was not supported by the record. Following our review, we affirm the judgment of the trial court.