IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT KNOXVILLE

Assigned on Briefs December 15, 2015

STATE OF TENNESSEE v. ROBIN DALE ARTHUR

Appeal from the Criminal Court for Sullivan County

No. S63,319 James F. Goodwin, Jr., Judge

No. E2015-00348-CCA-R3-CD – Filed January 15, 2016

The Defendant, Robin Dale Arthur, pled guilty to aggravated assault in exchange for a 

five-year and six-month sentence as Range I, standard offender. Thereafter, the trial 

court denied any form of alternative sentencing based upon the Defendant’s history of 

criminal convictions and criminal behavior. The Defendant appeals, arguing that he is a 

suitable candidate for alternative sentencing pursuant to the statutory considerations 

outlined in Tennessee Code Annotated section 40-35-103(1)(A)-(C). Following our 

review, we discern no abuse of discretion in the trial court’s alternative sentencing 

decision. Accordingly, the judgment is affirmed. 

Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Criminal Court Affirmed

D. KELLY THOMAS, JR., J., delivered the opinion of the court, in which JOHN EVERETT 

WILLIAMS and ROGER A. PAGE, JJ., joined.

Stephen M. Wallace, District Public Defender; and K. Justin Hutton (at guilty plea) and 

William A. Kennedy (at sentencing and on appeal), Assistant Public Defenders, for the 

appellant, Robin Dale Arthur.

Herbert H. Slatery III, Attorney General and Reporter; Clarence E. Lutz, Senior Counsel;

Barry P. Staubus, District Attorney General; and Teresa A. Nelson, Assistant District 

Attorney General, for the appellee, State of Tennessee.

OPINION

FACTUAL BACKGROUND

Following the Defendant’s involvement in a January 9, 2014 stabbing attack on 

the victim, Jamie Phelps, the Defendant was charged with attempted first degree murder, 

a Class A felony, and aggravated assault, a Class C felony. See Tenn. Code Ann. §§ 39-
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12-101, -13-102, -13-202. He entered a “best interest” plea to aggravated assault on 

November 14, 2014, and the attempted murder charge was dismissed. In exchange for 

his plea to the Class C felony, he received a sentence of five years and six months, as a 

Range I standard offender, although he qualified as a Range II, multiple offender. See 

Tenn. Code Ann. § 40-35-112(a)(3), (b)(3). A $200.00 fine was also assessed pursuant to 

the agreement. Only the manner of service was left for the trial court’s determination. 

A sentencing hearing was held on February 5, 2015. The presentence report was 

entered as an exhibit and provided details surrounding the events.

1

 The information in 

the report about the stabbing attack was provided by Detective Justin McConnell of the 

Kingsport Police Department. Det. McConnell was quoted as follows:

On 01/09/2014, I was called to Holston Valley Medical Center to 

investigate a stabbing that occurred at 359 Barnett Dr. Lot 10. I arrived and 

found the victim to be Ja[mi]e Phelps. Mr. Phelps had two large lacerations 

across his back as well as a puncture wound on his left side lower back. 

Ja[mi]e advised me that around 04:00 on this date, he along with Jerry 

Whiteman and Tonya Phelps went to Paul McClain’s residence at 359 

Barnett Dr. Lot 10 to get some items. Once there, Ja[mi]e advised that a 

woman he knows as “Merry” was standing near McClain’s trailer. Merry 

lives near McClain’s residence. Ja[mi]e said Merry started yelling for him. 

Ja[mi]e exited the vehicle and started walking toward Merry. A male 

approached Ja[mi]e from the rear and stabbed him in the back with some 

form of cutting instrument. Ja[mi]e looked at the male and saw that it was 

Merry’s boyfriend Robin. . . . Robin then ran from the scene. Merry also 

left the scene after the incident.2

Det. McConnell further averred that he, separately, showed Jamie and Tonya Phelps a 

photographic array and that they both identified the Defendant as the attacker. According 

to a notation in the presentence report, the fifty-six-year-old Defendant claimed he was 

acting in self-defense when he stabbed the victim. 

For the presentence report, the Defendant provided that he had dropped out of high 

school following the tenth grade; that he had never obtained his General Equivalency 

Diploma; and that, although he had sporadic employment at times, he had “spent a lot of 

time homeless over the years.” The Defendant also stated that he had been physically 

 

1 At the plea submission hearing, the Defendant stipulated to the facts set forth in the affidavit of Joey 

Moody of the Kingsport Police Department as providing a factual basis for his plea. However, that 

affidavit does not appear in the appellate record.

2

It appears that Merry Alvis Stanley later pled guilty to false imprisonment and received a sentence of 

eleven months and twenty-nine days for her role in the attack on the victim.
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disabled since the mid-1990s and that he was involved in a car accident in 2009. He 

reported that he suffered from the following health problems—“[s]eizures, pulmonary 

embolism, [four] times back ha[d] been fractured in [three] places, 8mm cyst in third 

lob[e] of brain”—and that he took the following medications prior to his incarceration—

“Neuro[n]tin, Dilantin, C[oumadi]n, Ventolin[] inhaler.” He described his mental health 

as “good[,]” although he admitted to chronic use of drugs and alcohol throughout his 

lifetime. He further related that he received disability benefits and a “widower’s 

pension.” 

 

The Defendant’s criminal history began as a juvenile when he was “sent to reform 

school in Georgia for the offense of forgery at the age fifteen.” In 1978, he was 

convicted of grand larceny and armed robbery at the age of twenty and sentenced to nine 

years in the Tennessee Department of Correction. He was convicted of being a felon in 

possession of a weapon in 1996 in Georgia; he received a sentence of one year in 

confinement for that offense, which was to be suspended after payment of a fine. In 

addition to these felonies, the report listed twenty-one misdemeanor convictions, 

including resisting arrest, unlawful possession of a weapon, disorderly conduct, failure to 

appear, indecent exposure, assault, domestic violence, and numerous alcohol-related and 

driving offenses. For his convictions, the Defendant had frequently been granted 

alternative sentences, including prior sentences of split confinement and probation. It 

was further elaborated upon in the report that violation warrants had been filed against 

the Defendant while he was serving Tennessee probationary sentences; that a failure to 

appear warrant remained outstanding against the Defendant in Louisiana; and that, as of 

January 2014, the Defendant was a fugitive from justice for a felony in Georgia. 

Moreover, the Defendant informed that he had “taken alcohol and drug classes over the 

years through misdemeanor probation[,]” which assertion was corroborated by the 

presentence report. 

A victim impact statement from Jamie Phelps was submitted for the court’s 

consideration in addition to the report. The victim documented the physical and 

emotional impact of his wounds and expressed a desire for restitution. No other proof 

was offered by either side.

Following the arguments of counsel, the trial court denied any form of alternative 

sentencing. This timely appeal followed.

ANALYSIS

On appeal, the Defendant takes exception to the trial court’s complete denial of 

any alternative sentence. Specifically, the Defendant argues that the statutory criteria of 

Tennessee Code Annotated section 40-35-103 are not met because, although he “has an 
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extensive misdemeanor record, his felony record only involves [three] felonies which are 

old”; because “there is nothing so heinous or shocking about [his] crime that a grant of 

alternative sentencing would depreciate the seriousness of the offense”; because “there 

was no proof offered by the State that confinement of [the Defendant] was particularly 

suited to provide an effective deterrence to others likely to commit similar offenses”; and 

because “[i]t is in the best interest of the victim and society that the [Defendant] be given 

[an] alternative sentence so he can pay restitution.” He concludes that the trial court 

should have granted him “probation” or some other form of alternative sentencing. The 

State responds that the trial court properly exercised its discretion when it ordered the 

Defendant to serve his five-year and six-month sentence in confinement. 

Before a trial court imposes a sentence upon a convicted criminal defendant, it 

must consider: (a) the evidence adduced at the trial and the sentencing hearing; (b) the 

presentence report; (c) the principles of sentencing and arguments as to sentencing 

alternatives; (d) the nature and characteristics of the criminal conduct involved; (e) 

evidence and information offered by the parties on the enhancement and mitigating 

factors set forth in Tennessee Code Annotated sections 40-35-113 and 40-35-114; (f) any 

statistical information provided by the Administrative Office of the Courts as to 

Tennessee sentencing practices for similar offenses; and (g) any statement the defendant 

wishes to make in the defendant’s own behalf about sentencing. Tenn. Code Ann. § 40-

35-210(b). When an accused challenges the length and manner of service of a sentence, 

this court reviews the trial court’s sentencing determination under an abuse of discretion 

standard accompanied by a presumption of reasonableness. State v. Bise, 380 S.W.3d 

682, 707 (Tenn. 2012). This standard of review also applies to “the questions related to 

probation or any other alternative sentence.” State v. Caudle, 388 S.W.3d 273, 278-79 

(Tenn. 2012).

This court will uphold the trial court’s sentencing decision “so long as it is within 

the appropriate range and the record demonstrates that the sentence is otherwise in 

compliance with the purposes and principles listed by statute.” Bise, 380 S.W.3d at 709-

10. Moreover, under such circumstances, appellate courts may not disturb the sentence 

even if we had preferred a different result. See State v. Carter, 254 S.W.3d 335, 346 

(Tenn. 2008). The burden of showing that a sentence is improper is upon the appealing 

party. See Tenn. Code Ann. § 40-35-401, Sentencing Comm’n Cmts.; see also State v. 

Arnett, 49 S.W.3d 250, 257 (Tenn. 2001).

A defendant who is an especially mitigated or standard offender convicted of a 

Class C, D, or E felony should be considered a favorable candidate for alternative 

sentencing absent evidence to the contrary. See Tenn. Code Ann. § 40-35-102(6)(A). 

However, no longer is any defendant entitled to a presumption that he or she is a 

favorable candidate for alternative sentencing. Carter, 254 S.W.3d at 347. Tennessee 
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Code Annotated section 40-35-102(6) is now only advisory. See Tenn. Code Ann. § 40-

35-102(6)(D). 

Regardless, an offender is eligible for probation if he or she is sentenced to ten 

years or less and has not been convicted of certain specified offenses. See Tenn. Code 

Ann. § 40-35-303(a). While the trial court was required to automatically consider 

probation as a sentencing option, see Tennessee Code Annotated section 40-35-303(b), 

no criminal defendant is automatically entitled to probation as a matter of law, see State 

v. Davis, 940 S.W.2d 558, 559 (Tenn. 1997). It is the defendant’s burden to establish his 

or her suitability for full probation. See Carter, 254 S.W.3d at 347 (citing Tenn. Code 

Ann. § 40-35-303(b)). The defendant must demonstrate that probation will “subserve the 

ends of justice and the best interests of both the public and the defendant.” Hooper v. 

State, 297 S.W.2d 78, 81 (Tenn. 1956), overruled on other grounds, State v. Hooper, 29 

S.W.3d 1, 9-10 (Tenn. 2000). Among the factors applicable to probation consideration 

are the circumstances of the offense; the defendant’s criminal record, social history, and 

present condition; the deterrent effect upon the defendant; and the best interests of the 

defendant and the public. State v. Grear, 568 S.W.2d 285, 286 (Tenn. 1978).

A trial court should consider the following when determining any defendant’s 

suitability for alternative sentencing: 

(A) Confinement is necessary to protect society by restraining a 

defendant who has a long history of criminal conduct;

(B) Confinement is necessary to avoid depreciating the seriousness 

of the offense or confinement is particularly suited to provide an effective 

deterrence to others likely to commit similar offenses; or

(C) Measures less restrictive than confinement have frequently or 

recently been applied unsuccessfully to the defendant[.]

Tenn. Code Ann. § 40-35-103(1). A trial court should also consider a defendant’s 

potential or lack of potential for rehabilitation when determining if an alternative 

sentence would be appropriate. Tenn. Code Ann. § 40-35-103(5); State v. Boston, 938 

S.W.2d 435, 438 (Tenn. Crim. App. 1996). Ultimately, in sentencing a defendant, a trial 

court should impose a sentence that is “no greater than that deserved for the offense 

committed” and is “the least severe measure necessary to achieve the purposes for which 

the sentence is imposed.” Tenn. Code Ann. § 40-35-103(2), (4).

Here, the trial court based its denial of any alternative sentence upon the following 

grounds:
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A couple of things I’ll point out, first of all in determining at arriving at my 

ruling I’ve consider[ed] all the factors necessary for the grant or denial of 

probation. One factor that I am required to consider is the [D]efendant’s 

criminal history. I note he had a lengthy criminal history . . . , both felony 

and misdemeanors, and I’ve noticed that he’s been given probation 

numerous times throughout his life. It appears that throughout his lifetime 

he has failed to comply with release into the community. I do note that on 

page 14 [of the presentence report] he has health issues. I note that he 

completed the 10th grade and never got his GED according to the report. 

His alcohol and drug use appear to have started early and have been with 

him throughout his life interm[ittently]. He admits that he’s had alcohol 

and drug classes through the years as a result of requirements of probation. 

I note that he pled guilty as a Range I offender in this case, . . . even though 

he would be a Range II offender pursuant to his criminal history. Mr. 

Arthur, your history is just too bad and I’m going to require that you serve 

your sentence in the Tennessee Department of Correction.

While acknowledging that he possesses “an extensive misdemeanor record,” the 

Defendant submits that, because of the old age of his three felonies, the trial court should 

not have considered him as a defendant with a long history of criminal conduct. See

Tenn. Code Ann. § 40-35-103(1)(A). We disagree. The Defendant’s history of criminal 

convictions and criminal behavior lends support to the denial of an alternative sentence. 

The fifty-six-year-old Defendant’s criminal history spanned forty years, beginning at the 

age of fifteen, and includes twenty-four convictions. The Defendant also admitted to 

chronic use of drugs and alcohol throughout his lifetime. The Defendant qualified as a 

Range II, multiple offender, although he received an agreed upon Range I, standard 

offender sentence. His criminal history is significant. 

Moreover, measures less restrictive than confinement have frequently or recently 

been applied unsuccessfully to the Defendant; a factor markedly absent from discussion 

in his appellate brief. See Tenn. Code Ann. § 40-35-103(1)(C). The Defendant has 

repeatedly been granted the largess of an alternative sentence throughout his criminal 

career. According to the presentence report, two violation warrants had been filed 

against the Defendant while he was serving Tennessee probationary sentences; a failure 

to appear warrant remained outstanding against the Defendant in Louisiana; and as 

recently as January 2014, the Defendant was a fugitive from justice for a felony in 

Georgia. Many of the Defendant’s offenses continued to be drug- or alcohol-related,

despite the fact that he had “taken alcohol and drug classes over the years through 

misdemeanor probation.” The Defendant has demonstrated that he cannot comply with 

the terms and conditions of release. 
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The trial court followed the statutory sentencing procedure, properly weighing the 

factors and principles in denying alternative sentencing, and placing its reasoning for 

denying an alternative sentence on the record. Accordingly, the Defendant has failed to 

establish an abuse of discretion or otherwise overcome the presumption of reasonableness 

afforded to the trial court’s denial of alternative sentencing. 

CONCLUSION

Based upon the foregoing, the judgment of the trial court is affirmed. 

_________________________________ 

D. KELLY THOMAS, JR., JUDGE