State v. Ricky Fuller ( 1998 )

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON FILED AUGUST 1998 SESSION August 17, 1998 Cecil Crowson, Jr. Appellate C ourt Clerk STATE OF TENNESSEE, ) C.C.A. NO. 02C01-9710-CR-00393 ) Appellee ) SHELBY COUNTY ) v. ) HON. CAROLYN WADE BLACKETT ) JUDGE RICKY FULLER, ) ) PROBATION Defendant/Appellant ) FOR THE APPELLANT: FOR THE APPELLEE: Charles E. Waldman John Knox Walkup 147 Jefferson, Suite 1102 Attorney General & Reporter Memphis, TN 38103 Douglas D. Himes Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 OPINION FILED AFFIRMED JOHN K. BYERS SENIOR JUDGE OPINION The defendant entered pleas of guilty to possession of cocaine and was sentenced to serve 45 days and pay a fine of $500.00; possession of marijuana and was sentenced to serve 45 days and pay a fine of $500.00; violation of the habitual motor vehicle offender act and was sentenced to serve one year and pay a fine of $500.00. The two drug sentences were ordered to be served concurrently and the habitual motor vehicle offender conviction was ordered to be served consecutive thereto. The defendant asks that he be placed on intensive probation which the trial court denied. The action of the trial judge is so overwhelmingly supported by the record in this case that writing an opinion is almost frivolous. The pre-sentence report of the defendant shows seven pages filled with convictions for drug offenses, various offenses for driving on a revoked license, and at least one probation revocation. The record further shows a previous conviction for being a habitual motor vehicle offender. While on bond for the drug offense subject to this case, the defendant was convicted for speeding, reckless driving, driving on a suspended license while being a habitual motor vehicle offender, and leaving the scene of an accident. There is no need to cite any case or statutory law on the defendant’s behalf because none will rescue him from his self-imposed dilemma. There is no need to cite any case or statutory law to support the correctness of the trial judge’s ruling because the convictions of the defendant speak so loudly on the appropriateness of the sentences that no citation to authority would enhance the correctness of the trial judge’s ruling. The judgment is affirmed. -2- John K. Byers, Senior Judge CONCUR: David H. Welles, Judge Jerry L. Smith, Judge -3-