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State of Tennessee v. Rachel N. Bennett
State: Tennessee
Court: Court of Appeals
Docket No: M2002-01215-CCA-R3-CD
Case Date: 03/26/2003
Plaintiff: State of Tennessee
Defendant: Rachel N. Bennett
Preview:IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE
Assigned on Briefs November 5, 2002 STATE OF TENNESSEE v. RACHEL N. BENNETT
Direct Appeal from the Circuit Court for Williamson County No. II-1201-398-C Timothy L. Easter, Judge

No. M2002-01215-CCA-R3-CD - Filed March 26, 2003

The appellant, Rachel N. Bennett, pled guilty in the Williamson County Circuit Court to eighteen felony offenses. The trial court sentenced the appellant to a total effective sentence of nine years incarceration in the Tennessee Department of Correction. On appeal, the appellant contests the trial court's imposition of consecutive sentencing. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court. Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court is Affirmed. NORMA MCGEE OGLE , J., delivered the opinion of the court, in which GARY R. WADE, P.J., and ROBERT W. WEDEMEYER , J., joined. C. Diane Crosier, Franklin, Tennessee, for the appellant, Rachel N. Bennett. Paul G. Summers, Attorney General and Reporter; Thomas E. Williams, III, Assistant Attorney General; Ronald L. Davis, District Attorney General; and Derek K. Smith and Mary Katharine White, Assistant District Attorneys General, for the appellee, State of Tennessee. OPINION I. Factual Background In September 2001, the appellant became involved with co-defendants Mary A. Nelson, Joshua A. Felts, and Benjamin E. Greer. The four individuals engaged in a spree of burglaries which continued until late October 2001. The appellant's participation in the spree spanned over four counties, including Williamson County. On February 25, 2002, the appellant pled guilty in the Williamson County Circuit Court to eighteen counts of aggravated burglary, burglary, and theft. The plea agreement provided that the trial court would determine the length and manner of service of the appellant's sentences. Pursuant to a sentencing hearing, the trial court sentenced the appellant as a standard Range I offender as follows:

Count One Two Five Six Thirteen Fourteen Twenty-two Twenty-three Twenty-four Twenty-five Twenty-eight Twenty-nine Thirty Thirty-one Thirty-two Thirty-three Thirty-six Thirty-seven

Offense Aggravated Burglary Theft ($500-$1000) Aggravated Burglary Theft ($1000$10,000) Aggravated Burglary Theft ($1000$10,000) Aggravated Burglary Theft ($1000$10,000) Burglary Theft ($10,000$60,000) Aggravated Burglary Theft ($1000$10,000) Aggravated Burglary Theft ($1000$10,000) Aggravated Burglary Theft ($1000$10,000) Aggravated Burglary Theft ($1000$10,000)

Class C felony E felony C felony D felony C felony D felony C felony D felony D felony C felony C felony D felony C felony D felony C felony D felony C felony D felony

Sentence 4.5 years 1.5 years 4.5 years 3 years 4.5 years 3 years 4.5 years 3 years 3 years 4.5 years 4.5 years 3 years 4.5 years 3 years 4.5 years 3 years 4.5 years 3 years

Concluding that the twenty-year-old appellant had a "sporadic" work history and that the appellant was a professional criminal, the trial court ordered that count twenty-five be served consecutively to count one and ordered the remainder of the sentences to be served concurrently, for a total

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effective sentence of nine years incarceration. The trial court also denied alternative sentencing. The appellant timely appealed the consecutive nature of her sentences. II. Analysis Generally, appellate review of the length of a sentence is de novo. Tenn. Code Ann.
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