State v. Darwin Windham

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT JACKSON
JANUARY 1998 SESSION
FILED
February 10, 1998
Cecil Crowson, Jr.
STATE OF TENNESSEE, ) Appellate C ourt Clerk
) NO. 02C01-9705-CC-00196
Appellee, )
) WEAKLEY COUNTY
VS. )
) HON. WILLIAM B. ACREE,
DARWIN RODREGUS WINDHAM, ) JUDGE
)
Appellant. ) (Sentencing - Sale of Cocaine)
FOR THE APPELLANT: FOR THE APPELLEE:
JOSEPH P. ATNIP (At Sentencing; JOHN KNOX WALKUP
Of Counsel on Appeal) Attorney General and Reporter
District Public Defender
111 Main Street CLINTON J. MORGAN
P.O. Box 734 Assistant Attorney General
Dresden, TN 38225 Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
CLIFFORD K. McGOWN, JR. Nashville, TN 37243-0493
(On Appeal)
113 North Court Square THOMAS A. THOMAS
P.O. Box 26 District Attorney General
Waverly, TN 37185
ALLEN J. STRAWBRIDGE, JR.
Assistant District Attorney General
414 S. Fourth Street
P.O. Box 218
Union City, TN 38261-0218
OPINION FILED:
AFFIRMED - RULE 20
JOE G. RILEY,
JUDGE
ORDER
The defendant, Darwin Rodregus Windham, appeals the sentence imposed
by the Circuit Court of Weakley County following his guilty plea to the sale of
cocaine over 0.5 grams in Indictment No. 3097 and the sale of cocaine under 0.5
grams in Indictment No. 3098. The trial court sentenced him to concurrent
sentences of eight (8) years for the Class B felony sale of cocaine and three (3)
years for the Class C felony sale of cocaine. The trial court ordered that, after
serving one (1) year in the Weakley County jail, defendant could serve the
remainder of his sentence in community corrections. Defendant appeals, claiming
that the trial court should have granted probation. We affirm the judgment of the
trial court pursuant to Rule 20, Tennessee Court of Criminal Appeals.
Because one of the offenses is a Class B felony, defendant is not entitled to
the statutory presumption of alternative sentencing. See Tenn. Code Ann. § 40-35-
102(6). Moreover, the defendant carries the burden of establishing suitability for
total probation. Tenn. Code Ann. § 40-35-303(b); State v. Boggs, 932 S.W.2d 467,
477 (Tenn. Crim. App. 1996). To meet this burden, defendant must show that
probation will “subserve the ends of justice and the best interest of both the public
and the defendant.” State v. Bingham, 910 S.W.2d 448, 456 (Tenn. Crim. App.
1995) (citations omitted). Defendant has not carried his burden.
The trial court sentenced defendant to the presumptive minimum within the
range for each offense. Furthermore, defendant was allowed to serve his sentence
on community corrections after serving one (1) year in the county jail. Considering
the sentencing principles along with the relevant facts and circumstances, including
the nature of the offenses, we believe the trial court imposed an appropriate
sentence.
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After a thorough review of the records, briefs, 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 pursuant to Rule 20, Tennessee Court of Criminal
Appeals.
JOE G. RILEY, JUDGE
CONCUR:
JOE B. JONES, PRESIDING JUDGE
PAUL G. SUMMERS, JUDGE
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