IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE FILED JANUARY SESSION, 1999 March 11, 1999 Cecil W. Crowson STATE OF TENNESSEE, ) Appellate Court Clerk C.C.A. NO. 01C01-9804-CC-00176 ) Appellee, ) ) ) MARSHALL COUNTY VS. ) ) HON. CHARLES LEE CHARLES HAYES, ) JUDGE ) Appe llant. ) (Sentencing)

ON APPEAL FROM THE JUDGMENT OF THE CIRCUIT COURT OF MARSHALL COUNTY

FOR THE APPELLANT: FOR THE APPELLEE: CLIFFORD K. McGOWN, JR. JOHN KNOX WALKUP North Court Squ are Attorney General and Reporter Wa verly, TN 37185 DARYL J. BRAND Assistant Attorney General Fifth Avenu e North Nashville, TN 37243 MIKE McCOWEN District Attorney General P.O. Box 45 Fayetteville, TN 37334

OPINION FILED ________________________ AFFIRMED IN ACCOR DANCE W ITH RULE 20 DAVID H. WELLES, JUDGE OPINION The Defendant pleaded guilty to and was c onvic ted of two counts of aggravated burglary, two counts of theft, an d one c ount of ev ading a rrest.

Sentencing was left to the discretion of the trial judge. On appeal, the Defendant argues that his sentence is excessive. We disagree and affirm the judgment of the trial cou rt.

For the aggravate d burglary convictions (Class C felonies) the Defendant was sentenced as a Range III persistent offender to consecutive terms of fourteen years, six m onths a nd thirteen years, six m onths. O ne of his th eft convictions was a Class D felony for which he was sentenced as a career offender to twelve ye ars to be serve d conc urrently with his burglary sentences.

His other theft conviction was a Class E felony, for which he was sentenced to six years as a career offender to be served consecutive to his aggravated burglary sentences. For his misdemeanor evading arrest conviction, he was sentenced to a concurrent term of eleven months and twenty-nine days. His effective sentence for the se crimes w as thirty-four years. All sentences w ere ordered served consecutively to the sentence he was serving on parole at the time he comm itted these offenses .

The trial judge ordered the sentences served consecutively because he found that the Defenda nt is an o ffende r whos e reco rd of crim inal ac tivity is extensive. The Defendant does not challenge this finding. It appears from the record that he has over thirty felony convictions, including at least ten burglaries,

-2- six thefts, numerous other property offenses and two felony escape convictions.

He had b een re lease d on p arole just six months prior to committing the offenses in the case sub judice. The trial court found the se ntenc es we re reas onab ly related to the severity of the offenses and were necessary to protect society from the Defe ndan t’s further criminal activity. The rec ord supports these findings. The record also reflects that the trial court considered the sentencing princip als and all relevant fa cts and c ircums tances .

W e conc lude that no erro r of law re quiring a rever sal of th e judg men t is apparent on the re cord. Ba sed up on a tho rough re ading o f the record , the briefs of the parties, and the law governing the issues presented for review, the judgment of the trial cou rt is affirmed in accord ance w ith Rule 20 of the Court of Criminal Appeals of Tennessee.

____________________________________ DAVID H. WELLES, JUDGE

CONCUR:

___________________________________ JOHN H. PEAY, JUDGE

___________________________________ JERRY L. SMITH, JUDGE

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