State of Tennessee v. Gustavo Chavez

The defendant, Gustavo Chavez, pled guilty to one count of aggravated sexual battery, a Class B felony. After conducting a sentencing hearing, the trial court classified him as a Range I offender and imposed a ten year sentence at 100% service in the Department of Correction. On appeal, the defendant challenges the length of the sentence imposed by the trial court. After reviewing the record and the applicable law, we affirm the defendant’s conviction. However, in light of Blakely v. Washington, 542 U.S. ----, 124 S. Ct. 2531 (2004), we modify the defendant’s sentence to an effective sentence of eight years at 100% service. We, therefore, remand the case for entry of a judgment that is consistent with this opinion.