Opinion
C.C.A. No. 01C01-9902-CR-00025.
February 1, 2000.
Appeal from Davidson County, Hon. J. RANDALL WYATT, JR., JUDGE, No. M1999-00017-CCA-R3-CD, (Second-degree murder sentencing).
AFFIRMED PURSUANT TO RULE 20FOR THE APPELLANT: JOHN G. OLIVA.
FOR THE APPELLEE: PAUL G. SUMMERS, Attorney General Reporter, TODD R. KELLEY, Asst. Attorney General, VICTOR S. JOHNSON III, District Attorney General, PAUL DEWITT, Asst. District Attorney General.
OPINION
The defendant was indicted for premeditated murder. He pled guilty to second-degree murder, with no agreement as to his sentence. After a hearing, the trial court sentenced defendant as a Range I offender to twenty-two years incarceration, to be served at one hundred percent. See T.C.A. § 40-35-501(i). In this appeal as of right, defendant contends that his sentence is excessive. Upon our review of the record, we affirm the judgment of the trial court.
Second-degree murder is a Class A felony. T.C.A. § 39-13-210(b). The Range I sentence for a Class A felony is fifteen to twenty-five years. T.C.A. § 40-35-112(a)(1). The presumptive sentence is twenty years, to be increased as appropriate for enhancement factors, and then reduced as appropriate for mitigating factors. T.C.A. § 40-35-210(c) (e). In this case, the trial court applied three enhancement factors: that defendant had a previous history of criminal convictions; that he had a previous history of unwillingness to comply with the conditions of a sentence involving release in the community; and that he used a deadly weapon during the commission of the offense. See T.C.A. § 40-35-114(1), (8) (9). The court also found two mitigating factors: that defendant had been somewhat provoked, and that he suffered from a low I.Q. See T.C.A. 40-35-113(2) (8).
The evidence does not preponderate against the trial court's findings. The sentence was imposed in a proceeding before the trial judge without a jury and was not a determination of guilt. Accordingly, we affirm the trial court's judgment pursuant to Rule 20 of the Court of Criminal Appeals.
It is so ordered.
____________________________ JOHN H. PEAY, Judge
CONCUR:
________________________________ GARY R. WADE, Presiding Judge
________________________________ NORMA MCGEE OGLE, Judge