State v. Moreno

2 Citing cases

  1. State v. Dunnivant

    No. E2023-01652-CCA-R3-CD (Tenn. Crim. App. Oct. 25, 2024)

    As such, "before a trial court can deny probation solely on the basis of the offense itself, the circumstances of the offense as particularly committed in the case under consideration must demonstrate that the defendant committed the offense in some manner more egregious than is contemplated simply by the elements of the offense." Trent, 533 S.W.3d at 292-93 (emphasis in original); State v. Moreno, No. W2023-00316-CCA-R3-CD, 2024 WL 836112, at *6 (Tenn. Crim. App. Feb. 28, 2024) (same), no perm. app. filed.

  2. State v. Smith

    No. M2023-00367-CCA-R3-CD (Tenn. Crim. App. Apr. 19, 2024)

    " State v. Moreno, No. W2023-00316-CCA-R3-CD, 2024 WL 836112, at *4 (Tenn. Crim. App. Feb. 28, 2024) (citing Bise, 380 S.W.3d at 705). Moreover, the trial court is given great deference in weighing the enhancement and mitigating factors, unless the trial court "wholly departed" from the Sentencing Act.