State of Tennessee v. Stasey Tyrome Gregory, Jr.
Date Filed2023-12-20
DocketM2023-00166-CCA-R3-CD
Cited0 times
StatusPublished
Syllabus
In 2022, the Defendant, Stasey Tyrome Gregory, Jr., pleaded guilty to six counts of methamphetamine related charges, and the trial court sentenced the Defendant to an effective sentence of fifteen years of incarceration. On appeal, the Defendant asserts that the trial court erred when it sentenced him. After review, we affirm the trial court's judgments.
Full Opinion (html_with_citations)
12/20/2023
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT NASHVILLE
Assigned on Briefs November 28, 2023
STATE OF TENNESSEE v. STASEY TYROME GREGORY, JR.
Appeal from the Circuit Court for Lincoln County
No. 22-CR-55 Forest A. Durard, Jr., Judge
___________________________________
No. M2023-00166-CCA-R3-CD
___________________________________
In 2022, the Defendant, Stasey Tyrome Gregory, Jr., pleaded guilty to six counts of
methamphetamine related charges, and the trial court sentenced the Defendant to an
effective sentence of fifteen years of incarceration. On appeal, the Defendant asserts that
the trial court erred when it sentenced him. After review, we affirm the trial courtâs
judgments.
Tenn. R. App. P. 3 Appeal as of Right; Judgments of the Circuit Court Affirmed
ROBERT W. WEDEMEYER, J., delivered the opinion of the court, in which JAMES CURWOOD
WITT, JR., and KYLE A. HIXSON, JJ., joined.
William J. Harold, Assistant District Public Defender, Lewisburg, Tennessee, for the
appellant, Stasey Tyrome Gregory, Jr.
Jonathan Skrmetti, Attorney General and Reporter; Katherine C. Redding, Senior Assistant
Attorney General; Robert J. Carter, District Attorney General; and Amber L. Sandoval,
Assistant District Attorney General, for the appellee, State of Tennessee.
OPINION
I. Facts
This case arises from the Defendantâs sale of methamphetamine to a confidential
informant (âCIâ) on three separate occasions and his possession of marijuana and
methamphetamine during a traffic stop. For these offenses the Defendant was indicted for:
two counts of selling less than .5 grams of methamphetamine (Counts 1 and 5), two counts
of delivering less than .5 grams of methamphetamine (Counts 2 and 6), one count of selling
.5 grams or more of methamphetamine (Count 3), one count of delivering .5 grams or more
of methamphetamine (Count 4), and two counts of possession with intent to sell .5 grams
or more of methamphetamine (Counts 7 and 8).
A. Guilty Plea
The Defendant pleaded guilty to all the indicted charges. The State recited the
following facts as the basis for the plea:
On February 11, 2021 Sergeant Mike Pitts with the Lincoln County
Sheriffâs Department met with a [CI]. The [CI] was fitted with an audio and
video recording device, given $100 in confidential funds for the purchase of
Methamphetamine from [the Defendant] at the address . . . in Lincoln
County.
The [CI] went to that address, met with [the Defendant], and
purchased a plastic bag containing methamphetamines. The
methamphetamine was sent to the Tennessee Bureau of Investigation. A lab
report was issued on July 30, 2021, the forensic chemist Laura Cole will
testify the substance did test positive for meth, a Schedule II in the amount
of .19 grams.
On March 15, 2021 Sergeant Mike Pitts with the Lincoln County
Sheriffâs Department met with a confidential informant, that confidential
informant was equipped with [an] audio and video recording device, given
$100 of confidential funds for the purchase of methamphetamine ice from
[the Defendant] located at another address, his residence at the time[.]
The confidential informant contacted [the Defendant], gave him a
$100 for methamphetamine. This did occur in Lincoln County. The plastic
bag with what was believed to be meth was sent to the Tennessee Bureau of
Investigation. The TBI Lab Report was issued on June 25, 2021. Forensic
Chemist John Scott would testify that the substance was methamphetamine,
a Schedule II, and it weighed .97 grams.
On April 26, 2021 Sergeant Mike Pitts of the Lincoln Sheriffâs
Department met with the confidential informant, the confidential informant
was equipped with an audio recording device, given $100 in confidential
funds for the purchase of methamphetamine from [the Defendant] at his
address[.]
The confidential informant made contact with [the Defendant], and
exchanged $100 for what was believed to be Methamphetamine. That
substance was sent to the TBI Lab. A report was issued on March 28, 2022.
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The forensic scientist Rebecca Stout would testify the substance tested
positive for methamphetamine, Schedule II of .22 grams.
On October 21, 2021, Sergeant Mike Pitts with the Lincoln County
Sheriffâs Department met with the confidential informant. The confidential
informant was equipped with an audio/video recording device. They were
going to travel to pick up [the Defendant] . . . for the exchange of
methamphetamine. The confidential informant picked [the Defendant] up
and he drove and met with a female to go to Alabama to purchase marijuana
and methamphetamine.
The confidential informant along with [the Defendant] and another
female left the area and went in to the Huntsville area. They went in to two
separate houses. The vehicle the confidential informant was driving, a traffic
stop was conducted and [the Defendant] was found to be in possession of
Methamphetamine and marijuana. The methamphetamine was located in a
cigarette pack and the marijuana was found to be on his person.
Both the trial court and defense counsel inquired as to whether the Defendant understood
that the trial court would be determining his sentences. The trial court informed the
Defendant that he was a possible Range II or Range III offender and inquired as to whether
he understood sentencing ranges and wished to enter his pleas on that additional condition.
On this basis, the trial court accepted the Defendantâs guilty pleas.
B. Sentencing
The trial court held a sentencing hearing during which it admitted the presentence
report into the record. The presentence report indicated that the Defendant had previously
been convicted of five felonies, including aggravated robbery, multiple drug convictions,
and eleven misdemeanors. The following evidence was presented at the hearing: Jonathan
Williams, an employee of the probation and parole office with the Tennessee Department
of Correction, testified about the Defendantâs criminal history as well as his multiple
probation and parole violations. He also testified that the Defendant had a history of gang
involvement.
On cross-examination, Mr. Williams stated that the Defendant was a self-reported
addict who had never received substance abuse treatment.
Sergeant Mike Pitts testified that he was a narcotics investigator for the Lincoln
County Sheriffâs Department and that the flood of methamphetamine was creating a daily
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battle for law enforcement against drug activity in Lincoln County. He stated that there
had been a recent spike in drug activity, which had resulted in some fatalities.
Angela Smith, the Defendantâs mother, testified that her son was a responsible
individual until he turned seventeen and began using alcohol and drugs. She stated that the
Defendant had mental health issues that she believed indicated bipolar disorder. She
testified that he was an addict who needed help. Ms. Smith stated that two rehabilitation
facilities had indicated their willingness to admit the Defendant.
The Defendant testified that he began using cocaine at fourteen years old. He
testified that he had been diagnosed bipolar schizophrenic and prescribed medication as a
result. He was also diagnosed with PTSD after someone attempted to shoot him and after
being involved in gang wars in prison. He stated that he had used âiceâ, âweedâ, and heroin
in prison. He stated that he would be able to comply with the terms of his prison release,
if he was prescribed medication for his mental illness. The Defendant testified that he
needed a year-long substance abuse and mental health treatment program. He stated that
he wanted to be present for his son and would comply with any conditions of his release.
The trial court took the matter of sentencing under advisement and, at a second
hearing date, Sergeant Mike Pitts testified that the Defendant had been caught smoking
marijuana in the Lincoln County Jail. The video surveillance appeared to show the
Defendant as the âring leaderâ of a group of inmates using drugs. Defense counsel
introduced an acceptance letter from Renewed Life Ministries for the Defendantâs
placement at their facility.
At the conclusion of the hearing, the trial court made the following statement:
So[,] first thing the Court has to determine is what range the
Defendant falls in. And in this case[,] thatâs been settled by agreement and
he is to be sentenced as range one standard offender[.] . . . . So[,] heâs got
two B felonies and two C felonies. Actually, he has 8 but [the] delivery
[conviction] will merge in to the sale [conviction]. We have 8 to 12 [years]
on the [Class] B [felonies] and 3 to 6 [years] on the [Class] C [felonies].
....
So[,] in considering particularly enhancement factor one, which is one
I think I have given the greatest weight to. And 8, you have been on some
form of release, whether it was misdemeanor or felony, and you have not
[been] successful in completing that. . . . . [T]his decision is very hard. You
damaged yourself very -- almost irreparably by the conduct in the jail, and I
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think you know that. I went back there because I wanted to have some
personal level of comfort about what I saw on that video. I stopped and
started it. I made sure I was comfortable in my mind that I watched you.
You went in to the shower first, followed by 5 other individuals, four of them
rather rapidly and one guy came a moment or two later. You guys huddled
behind that brick wall or cinder block at the shower all together because you
could see the tops of some of your head with the camera. I could not see
everybody but you all went to the same spot and you all huddled up together.
So[,] there was a time you came down the steps and when you got to
the bottom of the steps and took a step or two away from them, you looked
directly into the camera.
....
So[,] I feel in this particular case that as far as the B felonies are
concerned, that given your history, I am going to give you a ten[-]year
sentence on each of the B felonies. On each of the C felonies I am going to
give you a five[-]year sentence on those.
So[,] my next question is do I run them consecutive or concurrent.
The State has asked for consecutive sentencing. They donât always get what
they want. The Defendant has asked to be sent to rehab, they donât always
get what they want. So[,] in looking at the consecutive sentencing situation,
you have got several things there under 40-35-115 for consideration. I donât
think any of them apply to you necessarily except for the record of extensive
criminal activity. . . . . We have two prior B felonies, two C felonies, four
A misdemeanors, a B misdemeanor, and four C misdemeanors.
So[,] I think consecutive sentencing is warranted in this case[.] You
are looking at a period of 15 years.
The trial court merged the Defendantâs convictions for sale, delivery, and possession
of methamphetamine, two convictions each, for a total of four convictions. For Counts 1
and 5, sale of less than .5 grams of methamphetamine, the trial court imposed sentences of
five years. For Count 3 and 7, sale and possession with intent to sell more than .5 grams
of methamphetamine, the trial court imposed ten-year sentences. The trial court imposed
partially consecutive sentencing, and it ran the ten-year sentences concurrently with each
other and the five-year sentences concurrently with each other but the ten-year and five-
year sentences consecutively to one another, for a total effective sentence of fifteen years
of incarceration. It is from these judgments that the Defendant appeals.
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II. Analysis
On appeal, the Defendant asserts that the trial court erred when it sentenced him.
He contends that his sentence is excessive and contrary to law, and that the trial court
should have ordered concurrent probationary sentences for all his convictions with an in-
patient treatment requirement. He further argues that the trial court applied improper
weight to the enhancement factor of his criminal history, given his addiction. He also
contends that the purposes of justice are not met by imposing consecutive sentencing which
will incarcerate him for longer than necessary. The State responds that the trial court acted
within its discretion when it enhanced the Defendantâs sentence and when it imposed
consecutive sentencing. We agree with the State.
1. Alternative Sentencing
A defendant shall be eligible for probation, subject to certain exceptions, if the
sentence imposed on the defendant is ten years or less. T.C.A. § 40-35-303(a) (2018). A
defendant is not, however, automatically entitled to probation as a matter of law. The
burden is upon the defendant to show that he or she is a suitable candidate for probation.
T.C.A. § 40-35-303(b) (2018); State v. Goode, 956 S.W.2d 521, 527(Tenn. Crim. App. 1997); State v. Boggs,932 S.W.2d 467, 477
(Tenn. Crim. App. 1996). In order to meet this burden, the defendant âmust demonstrate that probation will âsubserve the ends of justice and the best interest of both the public and the defendant.ââ State v. Bingham,910 S.W.2d 448, 456
(Tenn. Crim. App.1995) (quoting State v. Dykes,803 S.W.2d 250, 259
(Tenn. Crim. App. 1990)).
With regard to alternative sentencing, Tennessee Code Annotated section 40-35-
102(5) provides as follows:
In recognition that state prison capacities and the funds to build and maintain
them are limited, convicted felons committing the most severe offenses,
possessing criminal histories evincing a clear disregard for the laws and
morals of society, and evincing failure of past efforts at rehabilitation shall
be given first priority regarding sentencing involving incarceration.
There is no bright line rule for determining when a defendant should be granted
probation. Bingham, 910 S.W.2d at 456. Every sentencing decision necessarily requires a case-by-case analysis considering âthe nature of the offense and the totality of the circumstances . . . including a defendantâs background.â State v. Ashby,823 S.W.2d 166, 168
(Tenn. 1991) (quoting State v. Moss,727 S.W.2d 229, 235
(Tenn. 1986)). In
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determining if incarceration is appropriate in a given case, a trial court should consider
whether:
(A) Confinement is necessary to protect society by restraining a defendant
who has a long history of criminal conduct;
(B) Confinement is necessary to avoid depreciating the seriousness of the
offense or confinement is particularly suited to provide an effective
deterrence to others likely to commit similar offenses; or
(C) Measures less restrictive than confinement have frequently or recently
been applied unsuccessfully to the defendant.
T.C.A. § 40-35-103(1) (2018). âWhen considering probation, the trial court should
consider the nature and circumstances of the offense, the defendantâs criminal record, the
defendantâs background and social history, the defendantâs present condition, including
physical and mental condition, the deterrent effect on the defendant, and the best interests
of the defendant and the public.â State v. Cathey, No. E2015-01284-CCA-R3-CD, 2016
WL 2641766, at *3 (Tenn. Crim. App., May 6, 2016) (citations omitted). The court should also consider the defendantâs truthfulness. State v. Bunch,646 S.W.2d 158, 160
(Tenn.
1983). The trial court must also consider the potential or lack of potential for rehabilitation
or treatment of the defendant in determining the sentence alternative or length of a term to
be imposed. T.C.A. § 40-35-103.
In this case, the trial court denied the Defendantâs request for an alternative sentence
based on multiple factors, including the Defendantâs extensive and lengthy criminal history
of felonies, as well as his multiple unsuccessful attempts at community release during
which he reoffended, both of which the trial court stated weighed heavily against granting
an alternative sentence. The trial court considered several factors, including the
Defendantâs social support system, which it deemed weighed in favor of the Defendantâs
request. The record establishes that the Defendant had a long history of criminal activity
and, based on his record, was eligible for a much harsher punishment than he received.
The trial court noted that it gave heavy consideration to the Defendantâs request for
treatment as opposed to incarceration, but the trial court also noted that the Defendantâs
drug use in jail while his sentencing decision was pending belied the Defendantâs stated
commitment to change his drug use. Based on the evidence, we conclude that the
Defendant has not established that the trial court abused its discretion by denying him an
alternative sentence. The Defendant is not entitled to relief as to this issue.
2. Enhancement of the Sentences
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The Defendant contends that the trial court improperly used his history of criminal
convictions to enhance his sentence because his criminal record was all tied to his drug
addiction, for which he needed treatment. âSentences imposed by the trial court within the
appropriate statutory range are to be reviewed under an abuse of discretion standard with
a âpresumption of reasonableness.ââ State v. Bise, 380 S.W.3d 682(Tenn. 2012). A finding of abuse of discretion ââreflects that the trial courtâs logic and reasoning was improper when viewed in light of the factual circumstances and relevant legal principles involved in a particular case.ââ State v. Shaffer,45 S.W.3d 553, 555
(Tenn. 2001) (quoting State v. Moore,6 S.W.3d 235, 242
(Tenn. 1999)). To find an abuse of discretion, the record must be void of any substantial evidence that would support the trial courtâs decision.Id.
at 554- 55; State v. Grear,568 S.W.2d 285, 286
(Tenn. 1978); State v. Delp,614 S.W.2d 395, 398
(Tenn. Crim. App. 1980). The reviewing court should uphold the sentence âso long as it is within the appropriate range and the record demonstrates that the sentence is otherwise in compliance with the purposes and principles listed by statute.â Bise,380 S.W.3d at 709
- 10. So long as the trial court sentences within the appropriate range and properly applies the purposes and principles of the Sentencing Act, its decision will be granted a presumption of reasonableness.Id. at 707
.
The misapplication of an enhancement or mitigating factor does not remove the
presumption of reasonableness from a trial courtâs sentencing decision. Id.A reviewing court should not invalidate a sentence on this basis unless the trial court wholly departed from the principles of the Sentencing Act.Id.
So long as there are other reasons consistent with the purpose and principles of sentencing, a sentence within the appropriate range should be upheld.Id.
In determining the proper sentence, the trial court must consider: (1) the evidence,
if any, received at the trial and the sentencing hearing; (2) the presentence report; (3) the
principles of sentencing and arguments as to sentencing alternatives; (4) the nature and
characteristics of the criminal conduct involved; (5) evidence and information offered by
the parties on the mitigating and enhancement factors set out in Tennessee Code Annotated
sections 40-35-113 and -114; (6) any statistical information provided by the administrative
office of the courts as to sentencing practices for similar offenses in Tennessee; (7) any
statement the defendant made in the defendantâs own behalf about sentencing; and (8) the
result of the validated risk and needs assessment conducted by the department and
contained in the presentence report. See T.C.A. § 40-35-210 (2019); State v. Taylor, 63
S.W.3d 400, 411 (Tenn. Crim. App. 2001). The trial court must also consider the potential
or lack of potential for rehabilitation or treatment of the defendant in determining the
sentence alternative or length of a term to be imposed. T.C.A. § 40-35-103 (2019).
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We conclude that the trial court properly sentenced the Defendant. The trial court
carefully considered the relevant principles and sentenced the Defendant to within range
sentences for each of his crimes. The trial court applied enhancement factor (1), that the
Defendant had an extensive record of criminal activity, based on his numerous prior felony
and misdemeanor convictions. T.C.A. § 40-35-114(1) (2019). The trial court applied
enhancement factor (8), that the Defendant had failed to comply with prior conditions of
release, based on his numerous probation and parole violations. T.C.A. § 40-35-114(8)
(2019). All of these factors were supported by the evidence presented at the sentencing
hearing and contained in the presentence report. As such, the appropriate application of
enhancement factors supports the trial courtâs sentencing decision. The Defendant is not
entitled to relief as to this issue.
3. Consecutive Sentencing
The Defendant contends that the trial court erred when it ordered partially
consecutive sentencing. Where a defendant is convicted of one or more offenses, the trial
court has discretion in determining whether the sentences shall be served concurrently or
consecutively. T.C.A. § 40-35-115(a). â[T]he abuse of discretion standard, accompanied
by a presumption of reasonableness, applies to consecutive sentencing determinations.â
State v. Pollard, 432 S.W.3d 851, 860(Tenn. 2013). A trial court may order multiple offenses to be served consecutively if it finds by a preponderance of the evidence that a defendant fits into at least one of the categories in Code section 40-35-115(b). This court must give âdeference to the trial courtâs exercise of its discretionary authority to impose consecutive sentences if it has provided reasons on the record establishing at least one of the seven grounds listed in Tennessee Code Annotated section 40-35-115(b)[.]â Pollard,432 S.W.3d at 861
.
When imposing consecutive sentences, the court must still consider the general
sentencing principles that each sentence imposed shall be âjustly deserved in relation to the
seriousness of the offense,â âno greater than that deserved for the offense committed,â and
âthe least severe measure necessary to achieve the purposes for which the sentence is
imposed.â T.C.A. §§ 40-35-102(1), -103(2), -103(4); State v. Imfield, 70 S.W.3d 698, 708(Tenn. 2002). âSo long as a trial court properly articulates reasons for ordering consecutive sentences, thereby providing a basis for meaningful appellate review, the sentences will be presumed reasonable and, absent an abuse of discretion, upheld on appeal.â Pollard,432 S.W.3d at 862
(citing Tenn. R. Crim. P. 32(c)(1); Bise,380 S.W.3d at 705
).
Here, the trial court found that partially consecutive sentencing was proper, pursuant
to section 40-35-115(b)(2), because the Defendant had a record of extensive criminal
activity, including multiple felonies. We agree. The Defendant is not entitled to relief as
to this issue.
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III. Conclusion
In accordance with the aforementioned reasoning and authorities, we affirm the
judgments of the trial court.
________________________________
ROBERT W. WEDEMEYER, JUDGE
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