Tennessee Criminal Lawyer Blog

A defendant’s criminal history is extremely relevant once a conviction or guilty plea has been obtained and the trial proceeds to the sentencing phase. The defendant’s criminal history will play a significant role in sentencing and may factor into the length of the sentence, the type of sentence, and whether the sentences will run consecutively or concurrently. If sentences run consecutively, it means that they run back-to-back. For example, two five-year consecutive sentences would amount to a ten year sentence. Conversely, concurrent five-year sentences run at the same time, meaning two five-year concurrent sentences would only result in five years of jail time. As you can see, this distinction can make a world of difference in the amount of punishment a citizen is subjected to.

The Tennessee Code allows a defendant’s sentence to be enhanced or allows two sentences to run consecutively if the defendant has an extensive criminal history. It is important, then to know what exactly can be considered in determining a defendant’s criminal history. The answer may surprise you.

In State v. Harris, the defendant was convicted of possession of marijuana with intent to sell, possession of marijuana with intent to deliver, and evading arrest. He was sentenced to four years total on the felony charges and given an eleven month and twenty-nine day consecutive sentence on the evading arrest charge. The defendant appealed this sentence, and the Court of Criminal Appeals held that the consecutive sentencing was justified based on the fact that the defendant had an extensive criminal history. In detailing the defendant’s criminal history, the Court of Criminal Appeals cited the defendant’s twenty-five prior felony, misdemeanor, and traffic offenses as a sufficient basis for conviction.

It may seem unfair that something that running a red light can enhance a conviction for a felony but under the rule explained in Harris, that potentiality actually does exist. For this reason, criminal defendants would be well-advised to contact an experienced criminal defense attorney who can work to minimize the effect of prior offenses and get the defendant a lenient and fair sentence.
Source: (State v. Harris, 35 TAM 12-19, 2/2/10, Jackson, Glenn, 8 pages.)