Appellate panel hears challenge to increased sentence after community corrections violation

A Tennessee appellate panel heard oral argument Tuesday in State of Tennessee v. Saeed Janae Burrow over whether a trial court properly increased Burrow's sentence after finding she violated community corrections.

In a 30-minute argument, defense attorney Pat McNally asked the court to set aside the resentencing or conduct de novo review, arguing the trial court "did not consider and weigh the relevant sentencing factors" required under the Sentencing Act and the Community Corrections chapter. McNally told the court that Burrow had been on community corrections and, after being arrested on an evading-arrest charge while driving about 120 miles per hour, was found to be in possession of about one gram of crack cocaine; she pleaded guilty and received a two-year sentence that was run consecutive to an increased sentence imposed following the community-corrections violation hearing.

McNally argued the trial judge focused only on whether incarceration was appropriate and on consecutive sentencing, and failed to place on the record consideration of mitigation and enhancement factors from the pre-sentence…