State v. Robinson
Annotate this Case
The Supreme Court affirmed the decision of the court of criminal appeals reversing the trial court's sentence imposed in connection with Defendant's plea of guilty to vehicular homicide by intoxication and other offenses, holding that the clear and precise language of the 2017 amendment to the probation eligibility statute, Tenn. Code Ann. 40-35-303, prohibits all forms of probation for a defendant convicted of vehicular homicide by intoxication.
Defendant pleaded guilty to vehicular homicide by intoxication, aggravated assault, resisting arrest, and driving without a license. The trial court imposed a sentence of ten years in prison, largely suspended to probation with periodic weeks of confinement for the first three years. The court of criminal appeals reversed and ordered Defendant to serve the full sentence in confinement, concluding that the 2017 amendment to the probation eligibility statute expressly prohibits probation of any kind for criminal defendants convicted of vehicular homicide by intoxication. The Supreme Court affirmed, holding that the clear and precise language of section 40-35-303 prohibits defendants convicted of vehicular homicide by intoxication from receiving any form of probation, including periodic and split confinement sentences.
Court Description: Authoring Judge: Chief Justice Roger A. Page
Trial Court Judge: Judge Mark J. Fishburn
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.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.