State of Tennessee v. Ebony Robinson

Style: State of Tennessee v. Ebony Robinson

TSC Docket Number: M2021-01539-SC-R11-CD

Court of Criminal Appeals Opinion: https://tncourts.gov/sites/default/files/state_of_tennessee_v._ebony_robinson_-_m2021-01539-cca-r3-cd.pdf

Summary by the Court of Criminal Appeals:

Defendant, Ebony Robinson, pled guilty to vehicular homicide by intoxication, aggravated assault, resisting arrest, and driving without a license. The trial court imposed an effective ten-year sentence to be served on probation with periodic confinement each year near Christmas and each victim’s birthday. On appeal, the State argues that the trial court erred by granting probation because Defendant was not statutorily eligible. Following our review of the entire record, oral arguments, and briefs of the parties, we reverse the trial court’s imposition of probation and remand for execution of Defendant’s sentence and entry of amended judgments of conviction.

Permission to Appeal Granted: January 30, 2023

Appellants’ Briefs Filed: March 1, 2023

Appellees’ Briefs Filed: March 31, 2023

Appellants’ Reply Brief Filed: April 28, 2023

Appellees’ Reply Brief Filed:

Amicus Briefs Permitted:  

Oral Argument Date: May 24, 2023

Link to Oral Argument Video: https://www.youtube.com/watch?v=JLa7gVw8HVA

Date of TSC Opinion: September 29, 2023

Opinion of the TSC: https://www.tncourts.gov/sites/default/files/OpinionsPDFVersion/ROBINSON%20-%20Majority%20Opinion.pdf

TSC Summary of the Opinion:

In 2020, Ebony Robinson (“Defendant”) pleaded guilty to vehicular homicide by intoxication, aggravated assault, resisting arrest, and driving without a license. The trial court imposed a ten-year sentence largely suspended to probation with periodic weeks of confinement for the first three years. The State appealed the sentence, arguing that a 2017 amendment to the probation eligibility statute, Tennessee Code Annotated section 40-35- 303, prohibits defendants who are convicted of vehicular homicide by intoxication from receiving any form of probation. The Court of Criminal Appeals agreed with the State and reversed the trial court, ordering Defendant to serve the full sentence in confinement. The intermediate court concluded that the amended probation statute expressly prohibits probation of any kind, including periodic or split confinement, for criminal defendants convicted of vehicular homicide by intoxication. After reviewing the relevant statutes, this Court affirms the Court of Criminal Appeals and holds that the clear and precise language of the 2017 amendment to the probation eligibility statute prohibits all forms of probation for a defendant convicted of vehicular homicide by intoxication. Accordingly, we affirm the decision of the Court of Criminal Appeals.