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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON JANUARY 1998 SESSION

FILED
March 2, 1998 Cecil Crowson, Jr.
Appellate C ourt Clerk

STATE OF TENNESSEE, APPELLEE,

v.

VANCE S. RUFFIN, APPELLANT.

) ) ) ) ) ) ) ) ) ) ) ) )

No. 02-C-01-9612-CR-00445 Shelby County John P. Colton, Jr., Judge (Sentencing)

FOR THE APPELLANT: William D. Massey Attorney at Law 3074 East Street Memphis, TN 38128

FOR THE APPELLEE: John Knox Walkup Attorney General & Reporter 425 Fifth Avenue, North Nashville, TN 37243-0497 Deborah A. Tullis Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 William L. Gibbons District Attorney General 201 Poplar Avenue, Suite 3-01 Memphis, TN 38103 Dawn Doran Assistant District Attorney General 201 Poplar Avenue, Suite 3-01 Memphis, TN 38103

OPINION FILED:________________________________

AFFIRMED

Joe B. Jones, Presiding Judge

OPINION
The appellant, Vance S. Ruffin (defendant), was convicted of facilitating the felony of vehicular homicide, a Class D felony, and facilitating the felony of vehicular assault, a Class E felony, following his plea of guilty to each offense. The trial court sentenced the defendant pursuant to a plea agreement. The defendant was sentenced as a Range I standard offender. The sentences imposed were: (a) a fine of $500 and confinement for two (2) years in the Shelby County Correctional Center for facilitating vehicular homicide, and (b) confinement for one (1) year in the Shelby County Correctional Center for facilitating vehicular assault. The sentences are to be served concurrently. One issue is presented for review. The defendant contends the trial court abused its discretion by refusing to impose an alternative sentence. 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. The defendant has failed to establish the trial court's refusal to impose an alternative sentence was erroneous. On December 3, 1994, the defendant and Sanford C. Jackson (Jackson), a codefendant, went to the home of Susan and Leo Delatory. When they arrived, both Jackson and the defendant were highly intoxicated as a result of consuming alcoholic beverages. The Delatorys left with Jackson and the defendant in the defendant's vehicle. The defendant was driving. They stopped at a convenience store to purchase beer. Leo Delatory asked the defendant if he could drive since he and Jackson were both intoxicated. Jackson was driving the defendant's vehicle when they left the convenience store. Both the defendant and Jackson were "playing" with the steering wheel in an attempt to scare Susan Delatory. During the course of their "playing" with the wheel, both Jackson and the defendant grabbed the steering wheel simultaneously. As a result, the vehicle veered left, hit a ditch, flew into the air, and landed in another ditch. The impact killed Susan Delatory. Leo Delatory suffered serious injuries to his hands and face. These injuries caused Leo Delatory to lose his position of employment. Jackson had a blood alcohol content of .15% and the defendant had a blood alcohol content of .18%.

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The defendant did not present any evidence at the sentencing hearing when the trial court was asked to impose an alternative sentence to incarceration. The defendant relied upon the presentence report, the community corrections report, and the presumption he was a favorable candidate for alternative sentencing. Tenn. Code Ann.

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