State of Tennessee v. Noah Cassidy Higgins

Syllabus

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.