State of Tennessee v. Elvin Portillo

Case Number
M2020-01179-CCA-R3-CD

Defendant, Elvin Portillo, entered into an agreement whereby he pled guilty to vehicular homicide by intoxication, leaving the scene of an accident with death and reckless endangerment.  Four remaining counts were dismissed.  In accordance with the plea agreement, the trial court held a sentencing hearing to determine the length and service manner of Defendant’s sentences.  After a sentencing hearing, Defendant received an effective sentence of 16 years.  In this appeal, Defendant asserts that the trial court erred in ordering consecutive sentencing.  Having reviewed the entire record and the briefs of the parties, we find no abuse of discretion and affirm the judgments of the trial court.  However, because the record does not contain judgment forms for the remaining counts, if these judgments do not exist, we remand to the trial court for entry of judgment forms to reflect dismissal of those counts. 

Authoring Judge
Judge Timothy L. Easter
Originating Judge
Judge Cheryl A. Blackburn
Case Name
State of Tennessee v. Elvin Portillo
Date Filed
Dissent or Concur
No
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