State v. Charlie Floyd

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT JACKSON
SEPTEMBER 1997 SESSION
FILED
September 19, 1997
Cecil Crowson, Jr.
STATE OF TENNESSEE, ) Appellate C ourt Clerk
) No. 02-C-01-9611-CC-00434
APPELLEE, )
) Obion County
v. )
) William B. Acree, Jr., Judge
CHARLIE MARSHALL FLOYD, )
) (Sentencing)
APPELLANT. )
FOR THE APPELLANT: FOR THE APPELLEE:
Joseph P. Atnip John Knox Walkup
District Public Defender Attorney General & Reporter
111 Main Street 500 Charlotte Avenue
Dresden, TN 38225 Nashville, TN 37243-0497
Georgia Blythe Felner
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 38261
Thomas A. Thomas
District Attorney General
P. O. Box 218
Union City, TN 38261
OPINION FILED: _________________________________
AFFIRMED
Joe B. Jones, Presiding Judge
OPINION
The appellant, Charlie Marshall Floyd (defendant), was convicted of selling cocaine,
a Class B felony, by a jury of his peers. The trial court found that the defendant was a
multiple offender and imposed a Range II sentence consisting of confinement for fifteen
(15) years in the Department of Correction. In this Court, the defendant contends the
sentence imposed by the trial court was excessive because the court failed to apply
mitigating factor (1), Tenn. Code Ann. § 40-35-113(1), namely, his criminal conduct neither
caused nor threatened serious bodily injury, when determining the length of the sentence
within the appropriate range. After a thorough review of the record, the briefs submitted
by the parties, and the law governing the issue presented for review, it is the opinion of this
Court that the judgment of the trial court should be affirmed.
This Court has conducted a de novo review of the record as required by Tenn. Code
Ann. § 40-35-401(d). This Court has previously held that mitigating factor one (1) is not
applicable where the defendant is convicted of selling cocaine. State v. Keel, 882 S.W.2d
410, 422 (Tenn. Crim. App.), per. app. denied (Tenn. 1994); State v. Larry D. Jones,
Davidson County No. 01-C-01-9112-CR-00368, 1992 WL 146719 (Tenn. Crim. App.,
Nashville, June 30, 1992), per. app. denied (Tenn. October 26, 1992); State v. Charles
Fulkerson, Knox County No. 03-C-01-1101-CR-00032, 1992 WL 6881 (Tenn. Crim. App.,
Knoxville, January 21, 1992). However, assuming arguendo that this factor is applicable,
the weight which would be given to this factor would be negligible. It would not be sufficient
to cause the sentence to be reduced given the fact the defendant has sixteen prior
convictions, eight misdemeanor convictions, and eight felony convictions. Some of the
felony convictions are drug-related offenses. Furthermore, the offense was committed
while the defendant was on probation for prior convictions, and a prior community
corrections sentence had been revoked due to subsequent convictions.
The trial court found the defendant was a professional criminal and his employment
record was sketchy. The trial court reached this conclusion based upon the defendant’s
sixteen convictions. In addition, the defendant had a drug-related offense pending in
Obion County when the sentencing hearing was conducted.
2
The trial court did not abuse its discretion by refusing to consider mitigating factor
(1). The court simply followed existing law.
________________________________________
JOE B. JONES, PRESIDING JUDGE
CONCUR:
___________________________________
DAVID H. WELLES, JUDGE
___________________________________
JOE G. RILEY, JUDGE
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