03/28/96 State Tennessee V. Karen Sue Boggs

The appellant, Karen Sue Boggs, pled guilty to one count of vehicular homicide as the proximate result of intoxication in the Criminal Court of Knox County. Following a sentencing hearing, the trial court imposed a six year sentence of split confinement, with one year of confinement followed by five years of supervised probation. The appellant appeals the sentence presenting three issues for our review. First, the appellant contends that the trial Judge erred by not recusing himself from the sentencing phase of the appellant's case. Second, the appellant argues that the trial court erred by denying the appellant a sentence of total probation. Finally, the appellant contends that her sentence is excessive because: (1) there was insufficient proof to support the use of the victim's vulnerability as an enhancement factor; (2) the trial court gave excessive weight to the appellant's prior criminal record; (3) the sentence does not reflect the presence of mitigation factors found by the trial court; and (4) the sentence  does not conform to the sentencing considerations set forth in the Criminal Sentencing Reform Act of 1989.